Price v. Hartshorn
New York Supreme Court
IN October, 1862, the plaintiff, as • master of a canal boat called the Mankato, received at St. Johns, Ganada East, from one Theodore Arpiñe, 5749 39-48 bushels of barley, consigned to the defendant in New York; for which he gave two bills of lading, one for 4000 and the other for 1748 39-48 bushels. The one for 4000 bushels was in this form : “St. Johns, Oct. 18, 1862. Shipped by G-eo.
Read the full summary
IN October, 1862, the plaintiff, as • master of a canal boat called the Mankato, received at St. Johns, Ganada East, from one Theodore Arpiñe, 5749 39-48 bushels of barley, consigned to the defendant in New York; for which he gave two bills of lading, one for 4000 and the other for 1748 39-48 bushels. The one for 4000 bushels was in this form : “St. Johns, Oct. 18, 1862. Shipped by G-eo. H. Taylor, on board the boat Mankato, of West Port, whereof S. W. Price is master, and consigned to Richard Hartshorn, the following property, in good order, to be delivered in like good order, by count,…
1Opinion of the Court
By the Court, Bockes, J.
This is an appeal from a judgment in favor of the plaintiff, entered on the report of a referee.
The action was by a common carrier, to recover freight for transporting a boat load of barley from St. Johns, Canada Bast, to New York. The defense was that the plaintiff failed to deliver .to the consignee at New York the full amount of barley received by him at St. Johns. Of the barley received by the plaintiff for transportation, at St Johns, and while era route through Lake Champlain, he was compelled, by stress of weather, to throw overboard 1243/? bushels in order to…
2Cases cited11 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- McArthur v. SearsNew York Supreme Court · 1839
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Carpenter v. StevensNew York Supreme Court · 1834
- Wells and Tucker v. . the Steam Navigation CompanyNew York Court of Appeals · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Van Schaack v. Northern Transp. Co.U.S. Circuit Court for the Northern District of Illnois · 1872
- Redpath v. VaughanNew York Supreme Court · 1868