Reed v. Richardson
Massachusetts Supreme Judicial Court
Contract for the value of three bales of cotton alleged to have been lost through negligence of the defendants, who were consignees thereof at Savannah in Georgia. ° At the trial in the superior court, before Brigham, J., it appeared that the plaintiffs shipped nine bales of cotton from Lady’s Island to Savannah on a sloop, but only six of them were received at the defendants’ warehouse; and the issue was whether there had been a delivery of the whole number by the master of…
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Contract for the value of three bales of cotton alleged to have been lost through negligence of the defendants, who were consignees thereof at Savannah in Georgia. ° At the trial in the superior court, before Brigham, J., it appeared that the plaintiffs shipped nine bales of cotton from Lady’s Island to Savannah on a sloop, but only six of them were received at the defendants’ warehouse; and the issue was whether there had been a delivery of the whole number by the master of the vessel to the defendants. It was agreed that no receipt was taken for them by the master; and the defendants…
1Opinion of the CourtBigelow, C. J.
We infer from the statement in the bill of exceptions that the liability of the defendants for the value of the cotton turned on the question whether it had ever been delivered to them by the carrier who brought it to Savannah in a sloop, and that they sought to avoid this liability by evidence of the existence of a well established usage in that city that in order to constitute a delivery of goods by a carrier by water it was necessary that a receipt for them should be given by the consignee or his agent, it being conceded that no such receipt was taken by the carrier for the cotton the…
2Cited by7 opinions
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- M. J. Picketing v. WeldMassachusetts Supreme Judicial Court · 1893
- Porter v. HillsMassachusetts Supreme Judicial Court · 1873
- Christian v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1873
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