Green v. Clark
New York Supreme Court
Case, tried at the Oswego circuit, in December, 1844, before Gridley, Cir. J. The declaration stated that the defendants— Clark, Kedfield and Buck.ey—were common carriers by water between Oswego and Lower Sandusky in Ohio; and that on the 23d of July, 1836, they received from the plaintiff on board the schooner Hercules, 625 barrels of salt, to be carried from Oswego to Lower Sandusky, and there to be delivered for the plaintiff for certain reasonable freight, &c.; but that…
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Case, tried at the Oswego circuit, in December, 1844, before Gridley, Cir. J. The declaration stated that the defendants— Clark, Kedfield and Buck.ey—were common carriers by water between Oswego and Lower Sandusky in Ohio; and that on the 23d of July, 1836, they received from the plaintiff on board the schooner Hercules, 625 barrels of salt, to be carried from Oswego to Lower Sandusky, and there to be delivered for the plaintiff for certain reasonable freight, &c.; but that neglecting their duty, &c. they did not deliver the salt, but by the negligence of the defendants and their servants, it…
1Opinion of the Court
Beardsley, Ch. J.
On the 23d of July, 1836, a cargo of salt was put on board the defendants’ schooner Hercules, for which the master, (N. Westcott,) gave his written engagement of that date. Assuming that the master was duly authorized to act for the defendants, their liability depends upon the writing, to which reference has been made.. It was more than a mere receipt, for it shows not only that the salt had been re*502ceived on board the schooner, but also what was to be done with it. In terms, the writing states that- the salt, although received from the plaintiff in this suit, was the property…
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