Rice v. Ontario Steamboat Co.
New York Supreme Court
APPEAL from a judgment rendered upon a trial before the court, at the Oswego circuit, a jury having been waived. On the 22d and 25th of October, 1864, the plaintiffs shipped on board of the defendant’s steamboats at Oswego, eight hundred ninety-eight barrels of apples, eighteen casks of cider, and two barrels of dried apples, to be delivered by the defendant, a common carrier, at Montreal, at the price of thirty-eight cents per barrel.
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APPEAL from a judgment rendered upon a trial before the court, at the Oswego circuit, a jury having been waived. On the 22d and 25th of October, 1864, the plaintiffs shipped on board of the defendant’s steamboats at Oswego, eight hundred ninety-eight barrels of apples, eighteen casks of cider, and two barrels of dried apples, to be delivered by the defendant, a common carrier, at Montreal, at the price of thirty-eight cents per barrel. The defendant’s steamboats on which the apples and cider were taken, at Oswego, plied between that place and Ogdensburg, and ran in connection with two British…
1Opinion of the CourtFoster, J.
The only questions raised in the case are, whether under the act of congress entitled “ an act to limit the liability of ship owners and for other purposes,” passed *386March 3, 1861, (9 Stat. at Large, 635,) the defendant is liable at all; and if so, whether the plaintiff was entitled to recover any greater amount in dollars here, than he could have recovered if the suit had been brought in Canada. And if he was, whether he was entitled to the difference between gold and United'States currency at the time of the loss, or that difference at the time of the trial.
It cannot be necessary even to…
2Cases cited5 opinions
- Watkinson v. LaughtonNew York Supreme Court · 1811
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
- Kimpton v. BronsonNew York Supreme Court · 1866
- Swanson v. CookeNew York Supreme Court · 1866
- Wilson v. MorganThe Superior Court of New York City · 1866
3Cited by3 opinions
- Revillon v. DemmeNew York Supreme Court · 1920
- Ladd v. ArkellThe Superior Court of New York City · 1875
- Woodward v. Illinois Cent. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1864