McAndrew v. Whitlock
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought against defendant, as a common carrier by water, for damages alleged to have been sustained by reason of the improper delivery by him of goods brought by his ship, under the usual bill of lading, from Liverpool to Hew York.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought against defendant, as a common carrier by water, for damages alleged to have been sustained by reason of the improper delivery by him of goods brought by his ship, under the usual bill of lading, from Liverpool to Hew York. On the 28th day of June, 1860, plaintiffs shipped on board the ship belonging to the defendant, called the “ Carolus Magnus ” (the said ship then lying in the port of Liverpool and…
1Opinion of the CourtFolg-er, J.
The defendant was a: common carrier by vessel, on sea, of goods consigned to one not the owner thereof. As such he was. not bound to deliver the goods of the plaintiffs to the consignee thereof in person, nor at his warehouse. (Richardson v. Goddard, 23 How. U. S., 28.) He might land them at a wharf at the port of destination. (Chickering v. Fowler, 4 Pick., 371.) But before unlading there, he must give the consignee due notice of their arrival and unlading, and yield him a reasonable time, after notice given, to take charge of and secure them. (Ostrander v. Brown, 5 Johns., 39; 23 How.,…
2Cases cited5 opinions
- J. Russell Manufacturing Co. v. New Haven Steamboat Co.New York Court of Appeals · 1872
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
- Redmond v. Liverpool, New York & Philadelphia Steamboat Co.New York Court of Appeals · 1871
- The GraftonU.S. Circuit Court for the District of Southern New York · 1846
- Ely v. New Haven Steamboat Co.New York Supreme Court · 1869
3Cited by1 opinion
- Dykman v. NorthridgeAppellate Division of the Supreme Court of the State of New York · 1896