Barker-Bond Lumber Co. v. Pennsylvania Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a' judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, rendered in favor of the defendant.
1Opinion of the CourtSeabury, J.
This is an action brought to recover damages for the alleged conversion of lumber. The defendant as-carrier refused to deliver the lumber, unless the demurrage which it claimed was due was first paid by the plaintiff’s consignee. The plaintiff and its consignee refused to pay the demurrage claimed, iipon the ground that it was not due.
If the demurrage claimed was not due or was in excess of the amount due and the defendant failed to deliver the lumber, it is liable for the -conversion of the lumber. Monda v. Wells-Fargo & Co., 20 Misc. Rep. 685, affd., 21 id. 308; Laverty v. Snethen, 68 N. Y.…
2Cases cited3 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Gabler v. McChesneyAppellate Division of the Supreme Court of the State of New York · 1901
- Monda v. Wells, Fargo & Co.City of New York Municipal Court · 1897