2 Hilt. 150 | New York Court of Common Pleas | 1858
Before the plaintiffs could ./maintain an action for the freight upon the ninety-eight barrels Ü of ale, they were bound to show that they had delivered them to | the defendant, who was the consignee named in the bill of lading. ■ Forward v. Pittard, 1 T. R. 27; Harril v. Owens, 1 Dev. & Bat. 273. Common carriers by land or water are bound to deliver the goods, entrusted to them to carry, to the consignee personally at the place of delivery. Gibson v. Culver, 17 Wend. 305. In this case, it was the duty of the plaintiffs to have notified the defendant that the goods would be delivered on the wharf at a time specified; and even then, unless he should desire them to be left on the wharf until he sent for them, or should otherwise assume the control and custody of them, as was the case in Twiggan v. Duff, (1 M. & W. 174), it would be their duty to store them with some responsible person for and on account of the owner, if the consignee should neglect to send for them, or refuse to receive them. They would not be justified, in such a case, in abandoning the goods upon the wharf; and, if they did so, would be liable to the owner for their loss or injury. Ostrander v. Brown, 15 Johns. 39; Selwyn v. Holloway, 1 Ld. Ray. 46; Wardell v. Mowryllian, 2 Esp. E. 693; Twiggan v. Duff, 1 M. & W.
I have treated this case as one in which there was no certain or satisfactory evidence that the defendant had notice of the time and place of delivery; but, even if the plaintiffs had shown that they had given due notice, it would not have relieved them from their responsibility for the non-delivery of the fifty casks. When these casks were sent to the public store by the inspector, they were in the custody of the plaintiffs. It has been shown that if
The plaintiffs, having failed to show that they had delivered the fifty casks to the defendant, or that he had received them, could maintain no action for the freight; and the judgment must be reversed.
Judgment reversed.