Legal Opinion

Rowland v. Miln

New York Court of Common Pleas

Decided December 15, 1858PublishedCited by 3 opinions

Appeal by defendant from a judgment of the First District Court. This action was brought to recover $43.23, freight on niuety-eight casks of ale. On the 17th of January, 1858, the ship Harriet Hoxie arrived in this port, having on board, among other cargo, a consignment of ninety-eight casks of ale to the defendant. On the 22d she commenced unloading, and on the 23d the ale was landed.

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Appeal by defendant from a judgment of the First District Court. This action was brought to recover $43.23, freight on niuety-eight casks of ale. On the 17th of January, 1858, the ship Harriet Hoxie arrived in this port, having on board, among other cargo, a consignment of ninety-eight casks of ale to the defendant. On the 22d she commenced unloading, and on the 23d the ale was landed. No notice of its arrival was proved to have been given to the defendants, except so far as such notice might be deduced from the facts hereinafter stated. On the 17th of January a permit was given to the…

1Opinion of the Court

By the Court, Daly, First Judge.

Before the plaintiffs could ./maintain an action for the freight upon the ninety-eight barrels Ü of ale, they were bound to show that they had delivered them to | the defendant, who was the consignee named in the bill of lading. ■ Forward v. Pittard, 1 T. R. 27; Harril v. Owens, 1 Dev. & Bat. 273. Common carriers by land or water are bound to deliver the goods, entrusted to them to carry, to the consignee personally at the place of delivery. Gibson v. Culver, 17 Wend. 305. In this case, it was the duty of the plaintiffs to have notified the defendant that the…

2Cases cited4 opinions

  1. Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Gibson v. CulverNew York Supreme Court · 1837
  3. Ostrander v. Brown & StaffordNew York Supreme Court · 1818
  4. The ReesideU.S. Circuit Court for the District of Massachusetts · 1837

3Cited by3 opinions

  1. Dale v. BrinckerhoffNew York Court of Common Pleas · 1877
  2. Western Transportation Co. v. HawleyNew York Court of Common Pleas · 1863
  3. Browning v. Long Island RailroadNew York Court of Common Pleas · 1867

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