Hill v. Syracuse,Binghamton & New York Railroad
New York Court of Appeals
• Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. (Eeported below, 8 Hun, 296.) This action was brought to recover damages for the alleged non-performance of a contract, entered into by defendant as a common-carrier.
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• Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. (Eeported below, 8 Hun, 296.) This action was brought to recover damages for the alleged non-performance of a contract, entered into by defendant as a common-carrier. The plaintiff delivered a quantity of wool at defendant’s depot at Whitney’s Point, to be carried to New York city. Plaintiff gave evidence tending to show that before the delivery of the wool he made a parol agreement…
1Opinion of the Court
Church, Ch. J.
The decision of this court in the recent
case of The Germania Fire Ins. Co. v. The Memphis and Charleston R. R. Co. (72 N. Y., 90) is decisive in this case that the receipt or bill of lading delivered to the plaintiff is to be regarded as the contract between the parties, instead of the parol agreement alleged to have been made previously, but on the same day, between the plaintiff and the person ha charge representing the agent. The decision in Bostwich v. The Baltimore and Ohio R. R. Co. (45 N. Y., 712) was not *353intended to impair the general and well-settled rule that when…
2Cases cited3 opinions
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Germania Fire Insurance v. Memphis & Charlestown RailroadNew York Court of Appeals · 1878
- Long v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by6 opinions
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Rogers v. Kennebec Steamboat Co.Supreme Judicial Court of Maine · 1894
- Johnstone v. Richmond, &c., R. R.Supreme Court of South Carolina · 1893
- Pennsylvania-Reading Seashore Lines v. Unit Construction Co.Supreme Court of New Jersey · 1937
- Rozen v. Dry-Dock, East Broadway & Battery RailroadNew York Court of Common Pleas · 1894
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