7 N.Y. 262 | NY | 1873
The Northern Transportation Company contracted to carry the wheat in question to Ogdensburgh, and deliver it to the consignee there as per the following margin: “ J. & J. Rogers, A usable Forks, N. Y.; care of D, C. Brown, Agent, Ogdensburgh.” To give a correct construction to this margin, the extrinsic facts must be considered. From these it appears that the Transportation Company was a - common carrier by water of grain, etc., from the lake ports to Ogdensburgh; some of which was to be delivered to the owners there, and some to be carried east upon the railroad operated by the defendants, and some by boats to Montreal; that the defendants were in possession of and operating a railroad as common carriers between Ogdensburgh and Rouse’s Point, and had the possession of an elevator at the.' former place, into which the Transportation Company unloaded all the grain brought by it to Ogdensburgh, irrespective of its further destination; that D. C. Brown was the agent of the defendants at Ogdensburgh, and, as such, had entire charge of their transportation business at that place; • that J. & J. Rogers, the plaintiffs, were partners, doing busi-" ness at Ausable Forks, N. Y., as millers and flour dealers; that they had carried on this business for several years at the same place, and had, during this time, purchased grain at various ports upon the lakes, and had the same shipped from there by water to Ogdensburgh, and from there carried over
The counsel for the appellants cited Barren v. Eldbridge (100
All concur.
Judgment affirmed.