Rawson v. Holland
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, reversing a judgment of the General Term of the Marine Court of the city of Hew York, which affirmed a judgment in favor of defendant, entered upon 'a decision of the court upon trial without a jury.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, reversing a judgment of the General Term of the Marine Court of the city of Hew York, which affirmed a judgment in favor of defendant, entered upon 'a decision of the court upon trial without a jury. In March, 1866, the firm of Day & Lathrop purchased of Rawson, Buckley & Co., the plaintiffs, at New York, a quantity of merchandise with instructions to ship the same to Day & Lathrop, at Dryden, Michigan, by the Grand Trank Railway to Dryden, via Ridgway. The plaintiffs instead of…
1Opinion of the CourtAndrews, J.
The defendant was a common carrier of the goods in question, 'from the city of New York to Detroit, Michigan. It received them at New York “ to be forwarded to Detroit only,” and the express terms of the undertaking "exclude any inference or implication that it was to carry them further. But Detroit was not the final destination of the property. The box was marked “ Day & Lathrop, Dryden, Michigan, via Bidgway,” clearly indicating that Dryden was the ultimate destination, and that the transit was by some agency to be continued, from Detroit via Bidgway, to the place of consignment.
The…
2Cases cited7 opinions
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Gibson v. CulverNew York Supreme Court · 1837
- Goold v. . ChapinNew York Court of Appeals · 1859
- Nelson v. Hudson River RailroadCommission of Appeals · 1872
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3Cited by1 opinion
- Byam v. HamptonNew York Supreme Court · 1890