Sprague v. . Hosmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment entered upon an order nonsuiting plaintiffs on trial. This action was brought by plaintiffs, as assignees of the carriers, of the freight, upon a cargo of stoves shipped by defendants from Tonawanda to New York.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment entered upon an order nonsuiting plaintiffs on trial. This action was brought by plaintiffs, as assignees of the carriers, of the freight, upon a cargo of stoves shipped by defendants from Tonawanda to New York. The complaint alleged the shipment of the stoves; their transportation by the carriers a portion of the way, when further progress was rendered impossible by the closing of the canal by ice, and the assignment of the bill of lading and of-the claim for freight to the…
1Opinion of the Court
Folger, Ch. J.
The plaintiffs put in a bill of lading of the property. It showed that the defendants were the consignors, and E. E. Vanderlip was the consignee. Hrima facie, they or he had right to possession and control of it, subject to the conditions of' the bill of lading. (Lawrence v. Minturn, 17 How. [U. S.] 100.) By those it was subject to the cost of transportation and canal tolls. The plaintiffs may not seriously contest this. The most that they can successfully claim is a lien for freight money and tolls, and a right to hold the cargo until payment thereof. That lien and that right,…
2Cases cited5 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- De Freest v. BloomingdaleNew York Supreme Court · 1848
- Spiers v. WillisonSupreme Court of the United States · 1808
- Garlock v. GeortnerNew York Supreme Court · 1831
- Boyd v. Foot & ColeThe Superior Court of New York City · 1859
3Cited by8 opinions
- Folinsbee v. . SawyerNew York Court of Appeals · 1898
- Greve v. Echo Oil CompanyCalifornia Court of Appeal · 1908
- Libby v. Mt. Monadnock Mineral Spring & Land Co.Supreme Court of New Hampshire · 1893
- Blazy v. . McLeanNew York Court of Appeals · 1891
- Eggborn v. SmithSupreme Court of Virginia · 1913
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