Thomas v. Snyder
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit, brought by Philip DIThomas against George W. Snyder. The declaration was on a bill of lading for the freight by the owner of the vessel against the shipper of the cargo.
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Error to the District Court of Philadelphia. This was an action of assumpsit, brought by Philip DIThomas against George W. Snyder. The declaration was on a bill of lading for the freight by the owner of the vessel against the shipper of the cargo. It averred a delivery of certain coal (180 tons) by defendant, on board plaintiff’s canal-boat, the Gerhard, at Pottsville, to be carried to New York, and there delivered to William D. Duncan or assigns, he or they paying freight at the rate of $1.90 cents per ton, amounting to $342; “which said freight it was then and there agreed should be paid to…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
The customary clause in bills of lading directing the payment of freight by the consignee or his assigns is, according to the authorities, both English and American, a condition precedent, intended only for the benefit of the carrier, and if he deliver goods without receiving freight, he may recover it of the consignor if he were owner of the goods or a shipper under a charter-party. But the bill of lading in this ease has more than that customary clause. The consignment was to David Duncan, New York, or to his assigns, “he or they paying…
2Cases cited1 opinion
- Layng v. StewartSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Pennsylvania Railroad v. Whitney & KemmererSuperior Court of Pennsylvania · 1920
- Pennsylvania Railroad v. General Crushed Stone Co.Superior Court of Pennsylvania · 1921
- Director General of Railroads v. S. F. Scattergood & Co., Pennsylvania Court of Common Pleas, Philadelphia County1925