Van Winkle v. United States Mail Steamship Co.
New York Supreme Court
MOTION for a new trial upon exceptions taken at the circuit. The action was brought by the plaintiffs, as assignees of William H. Boyd, to recover the value of two boxes of books, shipped, by said Boyd at New York, on one of the defendant’s. steamers, to be delivered to' him or his assigns at New Orleans, and which they failed to deliver pursuant to the bill" of lading.
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MOTION for a new trial upon exceptions taken at the circuit. The action was brought by the plaintiffs, as assignees of William H. Boyd, to recover the value of two boxes of books, shipped, by said Boyd at New York, on one of the defendant’s. steamers, to be delivered to' him or his assigns at New Orleans, and which they failed to deliver pursuant to the bill" of lading. Except the fact of the shipment of the two boxes and the issuing the bill of lading, the defendant put in issue all the allegations of the complaint. The principal exception in the case was to the ex-elusion by the court of…
1Opinion of the Court
By the Court,
Leonard, J.
At the trial, the defendant • offered to introduce evidence to prove that the property in question did not belong to the shipper, but to the firm of Mygatt & Co., and that it had been taken from their pos*124session at Hew Orleans, its place of destination, under an attachment against that firm, issued out of a court in that city, in behalf of a creditor. The defendant had received the property at Hew York, on board one of its vessels, and delivered a bill of lading therefor to Boyd, the shipper, who having failed to obtain the property from the defendant at Hew Orleans,…
2Cases cited1 opinion
- Bates v. StantonThe Superior Court of New York City · 1852
3Cited by10 opinions
- Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
- Roberts v. Stuyvesant Safe Deposit Co.New York Court of Appeals · 1890
- Ohio & Mississippi Railway Co. v. YoheIndiana Supreme Court · 1875
- Western Railroad v. Thornton & AceeSupreme Court of Georgia · 1878
- Robinson v. Memphis & C. R.United States Circuit Court · 1883
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