Gordon v. Ward
Michigan Supreme Court
Case made after judgment, from Saginaw Circuit. This was an action brought to recover of defendants the value of certain goods sold and delivered. The declaration was on the common counts, and the plea the general issue. The defendants, who lived at East Saginaw, purchased the goods of plaintiffs, who did business at Cleveland, Ohio, and directed them to send the same by railroad.
Read the full summary
Case made after judgment, from Saginaw Circuit. This was an action brought to recover of defendants the value of certain goods sold and delivered. The declaration was on the common counts, and the plea the general issue. The defendants, who lived at East Saginaw, purchased the goods of plaintiffs, who did business at Cleveland, Ohio, and directed them to send the same by railroad. The plaintiffs did so, and took a bill of lading which contained certain restrictions on the common law liability of the carrier; amongst which was exemption from loss by fire. The goods were burned in the depot of…
1Opinion of the Court
Ooolet J.
The defendants ordered a bill of tobacco from the plaintiffs, at Cleveland, and directed it to be sent to them at East Saginaw, by rail, and it was sent accordingly. Unfortunately, it was burned while in transit, by the burning of the Detroit and Milwaukee railroad warehouse, at Detroit, and defendants now refuse to pay for it.
As delivery to the carrier, in pursuance of the instructions given, would be equivalent to a delivery to the defendants, and would have the effect to vest the title to the property in them, and put it at their risk, it is clear that they should pay for it…
2Cases cited1 opinion
- Kermott v. AyerMichigan Supreme Court · 1863
3Cited by3 opinions
- Miller v. . HarveyNew York Court of Appeals · 1917
- Cunningham v. PattersonSupreme Court of Kansas · 1913
- Semler v. SchmickerUnited States District Court · 1944