Merian v. Funck
New York Supreme Court
Error- to thé superior court of the city of New-York. Ftiack and the other defendants in error sued Meriari & Benétrd in' the1 court below, in assumpsit, for freight and primage ona quantity of goods shipped at Havre, and brought to the port of New-York in the packet ship Baltimore, of which the plaintiffs were the owners.
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Error- to thé superior court of the city of New-York. Ftiack and the other defendants in error sued Meriari & Benétrd in' the1 court below, in assumpsit, for freight and primage ona quantity of goods shipped at Havre, and brought to the port of New-York in the packet ship Baltimore, of which the plaintiffs were the owners. The first parcel, consisting of nine packages, was received into the public store in New-York, on a general order to discharge the ship, on the 11th of November, 1839, and was delivered therefrom to Messrs. Mainon & Bonnay on the 22d of February thereafter. The other…
1Opinion of the Court
By the Court, Jewett, J.
The obligation to pay freight rested on the bill of lading, by which its payment was made a condition of delivery to the consignee or to his order. The master was not bound to part with the goods until the freight was paid; but he did not, by delivering the goods before payment, waive or discharge his legal right to demand payment of the person who, by the principles of law, was primarily liable to pay. It is well settled that when the goods, by the terms of the bill of lading, are to be delivered to the consignee or to his order, on payment of freight, the party…
2Cited by12 opinions
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- Abbe v. EatonCommission of Appeals · 1873
- Davison v. . City BankNew York Court of Appeals · 1874
- Dart v. . EnsignNew York Court of Appeals · 1872
- Gilson v. MaddenNew York Supreme Court · 1869
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