Mairs v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Baltimore and Ohio Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of June, 1901, denying the defendants’ motion for a new trial made upon the minutes and for a reargument of said…
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Appeal by the defendants, the Baltimore and Ohio Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of June, 1901, denying the defendants’ motion for a new trial made upon the minutes and for a reargument of said motion and also denying leave to the defendants to amend their answer. The action was brought to recover' damages…
1Dissent
O’Brien, J. (dissenting):
I dissent from the conclusion reached by the majority of the court; and in view of the commercial importance of the case deem it proper that my reasons therefor should be given.
Where goods covered by a bill of lading have been delivered, the bill of lading, if thereafter outstanding, is denominated a “ spent bill.” It has many times been held that a “ spent bill ” is not effective or operative for the transfer of title to property therein described. Accordingly, in National Commercial Bank v. Lackawanna T. Co. (59 App. Div. 271), wherein recovery was sought on a…
2Cases cited3 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Colgate v. . the Pennsylvania Co.New York Court of Appeals · 1886
- Burnham v. Cape Vincent Seed Co.New York Court of Appeals · 1894