Legal Opinion

Johnson v. Missouri, Kansas & Texas Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided August 15, 1905PublishedCited by 2 opinions

Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Miller, J.:

This is a submitted controversy in which the plaintiff seeks to recover as damages the loss of a market caused by delay in the transportation of two consignments of cotton, one from Greenville, Tex., and one from Dallas, Tex., to Liverpool, Eng. It appears that the cotton was delivered to the defendant for transportation by the plaintiff’s assignors at said places, that the agreement therefor was expressed in bills of lading delivered by the defendant to said shipper, that the defendant transported the cotton without delay over its own line and delivered it in good season to the…

2Cases cited1 opinion

  1. Gillet v. . Bank of AmericaNew York Court of Appeals · 1899

3Cited by2 opinions

  1. United Merchants & Manufacturers, Inc. v. United States Lines Co.City of New York Municipal Court · 1953
  2. Kuhnhold v. Deutsch-Australische Dampfschiffs GesellschaftDistrict Court, S.D. New York · 1920

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