Legal Opinion

Bostwick v. . Baltimore and Ohio R.R. Co.

New York Court of Appeals

Decided June 5, 1871PublishedCited by 48 opinions

Appeal from a judgment of the Supreme Court at General Term in the first district, overruling exceptions taken by the plaintiff at the trial, and dismissing the complaint. The action was brought to recover the value of sixteen bales (part of fifty-four bales) of cotton, shipped by the plaintiff from Cineifinati to Hew York.

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Appeal from a judgment of the Supreme Court at General Term in the first district, overruling exceptions taken by the plaintiff at the trial, and dismissing the complaint. The action was brought to recover the value of sixteen bales (part of fifty-four bales) of cotton, shipped by the plaintiff from Cineifinati to Hew York. The agreement for transportation was made at Cincinnati between the 12th and 15th of Hovember, 1865, by the plaintiff, with Grant F. Cooke, as agent for a line of railroads, of which that of the defendant formed a part. The plaintiff testified, that he contracted with…

1Opinion of the CourtRapadlo, J.

Ho evidence was introduced on the part of tile defendant showing any limit to the authority of Cooke in (making contracts for transportation by the line in questioib.. That he was the agent of the defendant and the other companies for the making of such contracts, is shown by the facts, that a portion of the hales shipped under the contract made by him were carried through, and that the defendant received the freight for the entire distance on all the hales, according to the contract; that on the face of the hill of lading, of which the defendant claims the benefit, the name of Cooke is…

2Cases cited1 opinion

  1. Michaels v. New York Central RailroadNew York Court of Appeals · 1864

3Cited by48 opinions

  1. Northern Pacific Railway Co. v. American Trading Co.Supreme Court of the United States · 1904
  2. Magnin v. . DinsmoreNew York Court of Appeals · 1874
  3. Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
  4. Germania Fire Insurance v. Memphis & Charlestown RailroadNew York Court of Appeals · 1878
  5. Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876

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