Creery v. Holly
New York Supreme Court
Error from the superior court of the city of New-York. Creery sued Holly in the court below to recover the balance of the value of a quantity of wrought iron, ordered by the defendant to be shipped from Baltimore to New-York.
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Error from the superior court of the city of New-York. Creery sued Holly in the court below to recover the balance of the value of a quantity of wrought iron, ordered by the defendant to be shipped from Baltimore to New-York. The plaintiff proved the shipment of 90 barrels of wrought iron at Baltimore on board a schooner, and produced a clean bill of lading, received on shipping, the goods, signed by the mate of the vessel, setting forth that the 90 barrels of iron were shipped in good order and well conditioned, and to be delivered in like good order and well conditioned (the dangers of the…
1Opinion of the Court
By the Court,
Nelson, J.
The bill of lading is the written evidence of the contract between the owner of the goods and the master or owner of the vessel for the carriage and delivery of the goods at a certain freight, when sent by sea or other public waters. The master usually keeps a copy of it; whether he did so in this case does not appear. One of the bills is usually forwarded to the consignee, whether agent or vendee. The consignee, on receipt of the bill of lading, signed by the master of the vessel, upon the strength of it not unfrequently insures the goods, sells or pledges them for…
2Cases cited1 opinion
- Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
3Cited by38 opinions
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
- McArthur v. SearsNew York Supreme Court · 1839
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- Barry v. . RansomNew York Court of Appeals · 1855
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