Fisk Rubber Co. v. New York, New Haven & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration in two counts, the plaintiff in the first count alleging in substance that the defendant neglected to deliver certain goods shipped by the Auto-Tire Vulcanizing Company at Lowell to the plaintiff at Knoxville in the State of Tennessee upon a uniform bill of lading, described in the opinion, “but delivered the same without surrender of the bill of lading.” The second count was for conversion of the goods.
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Contract or tort, with a declaration in two counts, the plaintiff in the first count alleging in substance that the defendant neglected to deliver certain goods shipped by the Auto-Tire Vulcanizing Company at Lowell to the plaintiff at Knoxville in the State of Tennessee upon a uniform bill of lading, described in the opinion, “but delivered the same without surrender of the bill of lading.” The second count was for conversion of the goods. Writ dated June 27, 1919. The defendant’s answer alleged a failure of the plaintiff to comply with the requirements of the bill of lading, described in…
1Opinion of the CourtDeCourcy, J.
The plaintiff, holder of an order bill of lading,
seeks in this action to recover from the initial carrier the value of certain machinery shipped from Lowell, Massachusetts, and consigned to the order of the plaintiff, “Notify International Rubber Sales Co., At Knoxville, State of Tenn.” The bill of *43lading was negotiable, and with draft attached was sent to the City National Bank of Knoxville. The goods arrived at the destination, Knoxville, on the lines of the Southern Railway Company; and the International Rubber Sales Company was notified of said arrival on June 22,1917. On June 25 the…
2Cases cited6 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- United States v. Alaska Steamship Co.Supreme Court of the United States · 1920
- Pere Marquette Railway Co. v. J. F. French & Co.Supreme Court of the United States · 1921
- E. H. Emery & Co. v. Wabash RailroadSupreme Court of Iowa · 1918
- Newcomb v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nashua River Paper Co. v. LindsayMassachusetts Supreme Judicial Court · 1922
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Delaware, L. & W. R. Co. v. United StatesDistrict Court, S.D. New York · 1954
- Thayer v. Pacific Electric Railway Co.California Supreme Court · 1961
- United Mutual Fire Insurance v. Railway Express Agency, Inc.Massachusetts Supreme Judicial Court · 1948
7 more not listed; retrieve them via the Exa API.