Redmond v. Liverpool, New York & Philadelphia Steamship Co.
New York Supreme Court
APPEAL by the defendants from a judgment entered upon the report of a referee. This action was brought to recover the value of a ease of merchandise shipped on board the defendants’ steamer “Edinburgh,” at Liverpool, England, in the month of February, 1866, under a bill of lading given by the defendants therefor.
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APPEAL by the defendants from a judgment entered upon the report of a referee. This action was brought to recover the value of a ease of merchandise shipped on board the defendants’ steamer “Edinburgh,” at Liverpool, England, in the month of February, 1866, under a bill of lading given by the defendants therefor. By this bill of lading the defendants undertook to transport 23 cases of merchandise to Few York, and deliver the same at that port, to the plaintiff, the consignee of said merchandise. These cases were marked J. Y., and numbered from 1587 to 1609, consecutively. They were all…
1Opinion of the CourtGeo. G. Barnard, J.
The general rule is well settled, that a delivery on the wharf, at a proper time, with notice, discharges the carrier of water-borne goods. (Ely v. New Haven Railroad Company, 53 Barb. 207.) Justice Brady is of the opinion that this case is an exception to the rule, because he considers the case of goods in controversy was discharged in the night-time. I cannot find that the referee finds any such fact specifically. I think, also, if he had so found, it would have been against the clear weight of the testimony, which, according to my understanding of it, shows the delivery to have been in the…
2Cases cited1 opinion
- Ely v. New Haven Steamboat Co.New York Supreme Court · 1869
3Cited by1 opinion
- The RichmondDistrict Court, N.D. Illinois · 1854