Dickerson v. Seelye
New York Supreme Court
Error to the New-York common pleas. The two first counts of the plaintiff’s declaration were general, for freight of divers goods, merchandise, chattels and coal, claiming $800. The declaration also contained the common counts for work and materials, goods sold and delivered; a general money count, and an account stated.
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Error to the New-York common pleas. The two first counts of the plaintiff’s declaration were general, for freight of divers goods, merchandise, chattels and coal, claiming $800. The declaration also contained the common counts for work and materials, goods sold and delivered; a general money count, and an account stated. The defendant pleaded the general issue, and a tender of $85,40. To the pleas the defendant subjoined a notice that on the trial he would insist and give in evidence by way of deduction, abatement and recoupment from any damages the plaintiff might prove or be entitled to…
1Opinion of the Court
By the Court,
Edmonds, P. J.
As between the shipper of the goods and the owner of the vessel, a bill of lading may be explained, so far as it is a receipt, that is as to the quantity of goods shipped and their condition and the like; but as between the owner of the vessel and an assignee for a valuable consideration paid on the strength of the bill of lading, it may not be explained. (Portland Bank v. Stubbs, 6 Mass. R. 422. Abbott on Shipping, 323-4.) Bradstreet v. Lees, M. S. U. S. District Court.) In such case the superior equity is with the bona fide assignee, who has parted with his money…
2Cases cited1 opinion
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
3Cited by11 opinions
- Armour v. . Michigan Central R.R. Co.New York Court of Appeals · 1875
- Louisiana National Bank v. LaveilleSupreme Court of Missouri · 1873
- Ellis v. . WillardNew York Court of Appeals · 1854
- Sioux City & Pacific Railroad v. First National BankNebraska Supreme Court · 1880
- Smith v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
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