Davison v. . City Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiffs, entered upon an order denying motion for new trial, and directing judgment on verdict. This action was brought to recover a balance alleged to be due for freight upon a cargo of wheat carried on plaintiffs’ schooner, from Milwaukee td Oswego.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiffs, entered upon an order denying motion for new trial, and directing judgment on verdict. This action was brought to recover a balance alleged to be due for freight upon a cargo of wheat carried on plaintiffs’ schooner, from Milwaukee td Oswego. In the bill of lading, Mower, Church & Co. were named as consignors, the property “ to be delivered in good order and condition as addressed on the margin, or his or their assignees or consignees, upon paying the freight and charges as…
1Opinion of the Court
Earl, C.
That the consignee, who receives the cargo consigned under such a bill of lading as the one in question, is liable to the carrier for the freight is not questioned. (Merian v. Funck, 4 Denio, 110; Hinsdell v. Weed, 5 id., 172; Davis v. Pattison, 24 N. Y., 317; Morse v. Pesant, 2 Keyes, 16; Merrick v. Gordon, 20 N. Y., 93.) It matters not under such a bill of lading, whether the consignee be the owner or not; the law implies a promise on his part to pay the freight. But in this case, the fact that the defendant was merely the agent of the Milwaukee bank was not disclosed upon the…
2Cases cited8 opinions
- Merrick v. . GordonNew York Court of Appeals · 1859
- Hinsdell & Pitcher v. WeedNew York Supreme Court · 1848
- Merian v. FunckNew York Supreme Court · 1847
- Dart v. . EnsignNew York Court of Appeals · 1872
- Davis v. . PattisonNew York Court of Appeals · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
- Union Pac. R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1912
- Pennsylvania Railroad v. TitusAppellate Division of the Supreme Court of the State of New York · 1913
- United States v. LambornCourt of Appeals for the Second Circuit · 1932
- Frontier S. S. Co. v. Central Coal Co.Court of Appeals for the Seventh Circuit · 1916
6 more not listed; retrieve them via the Exa API.