Meyer v. . Peck
New York Court of Appeals
The testator of the plaintiffs, as assignee of a claim for freight, sought to recover from the defendant the balance due on the freight of a cargo of wheat from Buffalo to Rochester. The appellant purchased a quantity of wheat in -Buf.falo, and shipped the same on a canal boat of which the testator’s assignor was captain, to be delivered at Rochester to the defendant, on payment of four and a half cents freight per bushel.
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The testator of the plaintiffs, as assignee of a claim for freight, sought to recover from the defendant the balance due on the freight of a cargo of wheat from Buffalo to Rochester. The appellant purchased a quantity of wheat in -Buf.falo, and shipped the same on a canal boat of which the testator’s assignor was captain, to be delivered at Rochester to the defendant, on payment of four and a half cents freight per bushel. The captain signed a bill of lading for 5589 bushels received on board.- On delivery, the quantity was found to be short 124 bushels. Proof was offered to show that the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is well settled that an ordinary bill of lading is not conclusive, as between the original parties, either as to the shipment of the goods named in it, or as to the quantity said to have been…
2Cited by22 opinions
- Whalen v. LefkowitzNew York Court of Appeals · 1975
- Wichita Savings Bank v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1878
- Louisiana National Bank v. LaveilleSupreme Court of Missouri · 1873
- Morris v. DavisCourt of Appeals of Texas · 1928
- Abbe v. EatonCommission of Appeals · 1873
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