New York, New Haven, & Hartford Railroad v. Tonella
Supreme Court of New Hampshire
Action, to recover freight charges. Facts agreed. Case transferred from the September term, 1919, of the superior court by Marble, J., without a ruling. In August, 1912, one Hutchings purchased of the defendant seventeen pieces of granite in Milford, N. H., which was sold f. o. b. cars. Of this arrangement the plaintiff had no knowledge. The granite was shipped by the defendant under a bill of lading from Milford, N. H., to Hutchings at Milford, Mass.
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Action, to recover freight charges. Facts agreed. Case transferred from the September term, 1919, of the superior court by Marble, J., without a ruling. In August, 1912, one Hutchings purchased of the defendant seventeen pieces of granite in Milford, N. H., which was sold f. o. b. cars. Of this arrangement the plaintiff had no knowledge. The granite was shipped by the defendant under a bill of lading from Milford, N. H., to Hutchings at Milford, Mass. The defendant appears therein as owner and consignor and Hutchings as consignee. By mistake the weight of the granite upon which the freight…
1Opinion of the CourtWalker, J.
The question presented relates to the construction of the bill of lading under which the property was received by the plaintiff and shipped from Milford in this state to Milford in Massachusetts. Was the defendant, the shipper, liable for the balance due on account of the freight? It is important to bear in mind that the railroad had no knowledge and is not chargeable with notice that the sale of the granite as between the parties to it was completed in this state when it was loaded on the cars and billed to Hutchings as consignee. It is also important that in the bill the defendant was…
2Cases cited8 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Coal & Coke Ry. Co. v. Buckhannon River Coal & Coke Co.West Virginia Supreme Court · 1915
- Union Freight Railroad v. WinkleyMassachusetts Supreme Judicial Court · 1893
- Western Ry. of Alabama v. CollinsSupreme Court of Alabama · 1918
3 more not listed; retrieve them via the Exa API.
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- Illinois Central Gulf RR Co. v. Sankey Brothers, Inc.Illinois Supreme Court · 1979
- East Texas Motor Freight Lines v. Franklin County Distilling Co.Court of Appeals of Texas · 1944
- Southern Pacific Co. v. Oregon Growers Co-Operative Ass'nOregon Supreme Court · 1928