Hinsdell & Pitcher v. Weed
New York Supreme Court
Motion to set aside the report of a referee. The action was assumpsit, in which the plaintiffs, as boat owners and carriers by the Erie canal, sought to recover of the defendant the balanee of freight on a quantity of flour carried from Buffalo, and consigned and delivered to the defendant at Albany.
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Motion to set aside the report of a referee. The action was assumpsit, in which the plaintiffs, as boat owners and carriers by the Erie canal, sought to recover of the defendant the balanee of freight on a quantity of flour carried from Buffalo, and consigned and delivered to the defendant at Albany. The facts pioved were the following: On the 10th day of October, 1844, Wilkins, Marsh & Co. of Buffalo, shipped on board the canal boat Lumberman, G. Yiele, master, which boat was then owned by O. B. Brackett, 543 barrels of flour. By the bill of lading signed by the shippers, it appeared that…
1Opinion of the CourtMcKissock, J.
I shall first examine this case as if the action xvere brought by O. B. Brackett, the original carrier and owner of the boat. The bill of lading virtually directed the delivery of the flour to the consignee, he paying the freight; for though there was no such condition in the body of the bill, the order of the shippers at the bottom, on the defendant, xvho was the consignee, to collect and pay the freight, gave it that character. The consignee, therefore, on the receipt of the property, became liable to pay the freight by implication of law. (3 Kent, 221, 3d ed.; Abbott on Shipping, by Story,…
2Cases cited2 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
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- Dart v. . EnsignNew York Court of Appeals · 1872
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