Legal Opinion

Linkhauf v. . Lombard

New York Court of Appeals

Decided March 14, 1893PublishedCited by 55 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 13, 1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover the value of certain goods shipped by plaintiffs for transportation from Hew York to Mobile. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 13, 1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover the value of certain goods shipped by plaintiffs for transportation from Hew York to Mobile. The facts, so far as material, are stated in the opinion. Ho liability whatever on the part of the defendants is shown. There is no pretense that Lombard, Ayres & Co., the corporation, was ever called upon to pay…

1Opinion of the CourtGray, J.

The plaintiffs were a mercantile firm in Mobile, Ala., and have brought this action to recover for the value of goods shipped to them from New York, upon a steamship of what was known and advertised as the New York and Mobile Steamship Line. The shipping contract had been made with a person signing as “ agent,” merely; the paper being headed “ New York and Mobile Steamship Line.” The vessel was lost upon the voyage and the defendants are sued as having been engaged as common carriers, under the name above stated, in the business of transporting freight and merchandise between the ports of New…

2Cases cited5 opinions

  1. Improvement Company v. MunsonSupreme Court of the United States · 1872
  2. Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
  3. Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
  4. Herring v. . HoppockNew York Court of Appeals · 1857
  5. People ex rel. Peck v. Board of Police of the Metropolitan Police DistrictNew York Supreme Court · 1861

3Cited by55 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Laidlaw v. . SageNew York Court of Appeals · 1899
  3. Hemmens v. . NelsonNew York Court of Appeals · 1893
  4. Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
  5. Lane v. . Town of HancockNew York Court of Appeals · 1894

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