Jones v. Hoyt
Supreme Court of Connecticut
This was an action of assumpsit, brought to recover the freight and primage on a quantity of lumber, transported by the plaintiff for the defendant from New York to San Francisco. The declaration contained one count setting forth specially the contract between the parties and the plaintiff’s proceedings under it, and two counts of a more general character. It is given in full, in the report of a former trial of the same case before this court. 21 Conn.
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This was an action of assumpsit, brought to recover the freight and primage on a quantity of lumber, transported by the plaintiff for the defendant from New York to San Francisco. The declaration contained one count setting forth specially the contract between the parties and the plaintiff’s proceedings under it, and two counts of a more general character. It is given in full, in the report of a former trial of the same case before this court. 21 Conn. R., 157. The case was tried on the general issue closed to the jury, at the term of the superior court for the county of Fairfield, holden in…
1Opinion of the CourtHinman, J.
When this ease was before us at a former term, (23 Conn. R., 157,) we held that the stipulation regarding the measurement of the lumber on the deck of the vessel, which was written across the face of the bill of lading, was not, under the circumstances, a condition precedent to the plaintiff’s right of recovery.
It appeared to us rather as a stipulation for the benefit of the plaintiff, to enable him to retain possession of the lumber on the deck of his vessel, until his freight was paid ; and to prevent the consignee from obtaining possession, under any pretense, until he first paid the…
2Cited by3 opinions
- Sagal v. MannSupreme Court of Connecticut · 1915
- Prescott v. WhiteAppellate Court of Illinois · 1886
- Sidway v. American Mortgage Co. of Scotland, Ltd.Appellate Court of Illinois · 1905