Bank of Oswego v. . Doyle
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made Octobei- 28, 1881, which affirmed a judgment in favor of defendants, entered upon the report of a referee. This action was brought to recover the value of a quantity of wheat alleged to have been delivered to defendants, as common carriers, for transportation, and which they refused to deliver to plaintiff, the consignee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made Octobei- 28, 1881, which affirmed a judgment in favor of defendants, entered upon the report of a referee. This action was brought to recover the value of a quantity of wheat alleged to have been delivered to defendants, as common carriers, for transportation, and which they refused to deliver to plaintiff, the consignee. The defendants were the owners of the schooner “ Cheney Ames.” At the same time defendant Doyle with. Cheney Ames, Warren C. Pratt and Coman Ames were…
1Opinion of the CourtMiller, J.
The plaintiff in this action claims to recover the value of a portion of a cargo of wheat which the defendants, as common carriers, transported from Toledo to the city of Oswego, and which it is claimed they never delivered to the plaintiff, who was the consignee of the wheat. There is no doubt as to the fact that the plaintiff never received a portion of the wheat, and the principal question presented upon this appeal relates to the liability of the defendants for its non-delivery. It appeared upon the trial, and by the finding of the referee, that Cheney Ames, one of the defendants, was one…
2Cases cited7 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Goold v. . ChapinNew York Court of Appeals · 1859
- Schwerin v. . McKieNew York Court of Appeals · 1872
- Cary v. Cleveland & Toledo Rail RoadNew York Supreme Court · 1859
- Zinn v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- David Crystal, Inc. v. Cunard Steam-Ship CompanyDistrict Court, S.D. New York · 1963
- Art Masters Associates, Ltd. v. United Parcel ServiceNew York Court of Appeals · 1990
- Dean Witter Reynolds Inc. v. Variable Annuity Life InsuranceCourt of Appeals for the Tenth Circuit · 2004
- Fireman's Fund Insurance v. Wagner Fur, Inc.District Court, S.D. New York · 1991
13 more not listed; retrieve them via the Exa API.