Legal Opinion

Merchants Bank of Canada v. Union Railroad

New York Court of Appeals

Decided April 24, 1877PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff entered upon a verdict. (Mem. of decision below, 8 Hun, 249.) This action was brought against defendan as a common carrier, for a failure to deliver goods pursuant to a bill of lading.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff entered upon a verdict. (Mem. of decision below, 8 Hun, 249.) This action was brought against defendan as a common carrier, for a failure to deliver goods pursuant to a bill of lading. In February, 1873, the firm of Ritchie, Gregg, Gillespie & Co., merchants of Montreal, applied by letter to the plaintiff, a banking institution of the same city, for a credit of ten thousand pounds sterling, in favor of their agents, Chas. Thorel & Co., at Yokohama. Such…

1Opinion of the CourtMiller, J.

The plaintiff’s right to the teas in question was, we think, sufficiently established. It had entered into an arrangement with the firm of Ritchie, Griggs, Gillespie & Co., of the. city of Montreal, for a credit of ten thousand pounds sterling, in favor of their agents at Yokahama, Charles Thorel & Co., which credit was to be made available by the latter, by their drafts upon the London agents of the plaintiff, the London Joint Stock Bank. The amounts advanced were also procured upon the pledge or hypothecation by Thorel & Co. of the teas purchased by them for the Montreal firm of Ritchie,…

2Cases cited3 opinions

  1. The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
  2. City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
  3. Cayuga County National Bank v. DanielsNew York Court of Appeals · 1872

3Cited by17 opinions

  1. Bonds-Foster Lumber Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1909
  2. Hutchings v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1911
  3. Van Santen v. . Standard Oil CompanyNew York Court of Appeals · 1880
  4. King v. BarbarinCourt of Appeals for the Sixth Circuit · 1917
  5. Robinson, McLeod & Co. v. Memphis & Charleston R.United States Circuit Court · 1881

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