Pennsylvania R. Co. v. Stern & Spiegel
Supreme Court of Pennsylvania
ERROR, TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 190 July Term 1887, Sup. Ct.; court below, No. 48 December Term 1884, C. P. No. 4. On November 18, 1884, Raphael Stern and Rosa Spiegel, trading as Stern & Spiegel, brought suit against the Pennsylvania R. Co., to recover the value of a car-load of bones shipped by the plaintiffs from Cincinnati consigned to themselves at Landenburg, Chester county.
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ERROR, TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 190 July Term 1887, Sup. Ct.; court below, No. 48 December Term 1884, C. P. No. 4. On November 18, 1884, Raphael Stern and Rosa Spiegel, trading as Stern & Spiegel, brought suit against the Pennsylvania R. Co., to recover the value of a car-load of bones shipped by the plaintiffs from Cincinnati consigned to themselves at Landenburg, Chester county. At tbe trial on May 9,1887, tbe facts appeared: The shipment was made on September 20,1888, over railroads connecting with the defendant company and by the latter carried to…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
The only error assigned is to the charge of the court.. It was in substance that the defendant company could only deliver the merchandise upon the production of the bill of lading, and that as there was nothing to excuse delivery without a *29compliance with the terms, the jury should find for the plaintiffs.
We see no error in this. The plaintiffs shipped this carload of dry bones from Bay City, Michigan, to Landenburg, Chester county, Pa., consigned to themselves. At the same time they drew on Whann for the amount, at forty-five days. There was a bill of lading…
2Cases cited3 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
- Hieskell v. Farmers' & Mechanics' National BankSupreme Court of Pennsylvania · 1879
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- Mitchell v. BakerSupreme Court of Pennsylvania · 1904
- Lake Shore & Michigan Southern Railway Co. v. W. H. McIntyre Co.Indiana Court of Appeals · 1915
- Stone & Co. v. D., L. & W. R. R.Superior Court of Pennsylvania · 1919
- Commonwealth v. FlemingSupreme Court of Pennsylvania · 1889
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