Droste v. Wabash Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Wabash Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of May, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of June, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This is an appeal by defendant from a judgment entered upon a verdict in an action to recover damages for non-delivery of 300 tubs of butter.
On October 23, 1907, the firm of Emerson, Marlow & Co. of Chicago drew drafts upon plaintiffs in New York for $10,200 and attached to them two bills of lading purporting to have been issued by defendant for 300 tubs of butter each.
Only one carload of 300 tubs was delivered, and this action is for the value of the other 300 tubs.
The principal question in the case is whether the bill of lading was issued by defendant or by any one having…
2Cases cited3 opinions
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Armour v. . Michigan Central R.R. Co.New York Court of Appeals · 1875
- Viele v. . McLeanNew York Court of Appeals · 1910
3Cited by2 opinions
- Owens Bottle-Mach. Co. v. Kanawha Banking & Trust Co.Court of Appeals for the Fourth Circuit · 1919
- Spink v. BodensickAppellate Terms of the Supreme Court of New York · 1913