Canandaigua National Bank v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Majority

p. 694

Canandaigua National Bank, Respondent, v. Cleveland, Cincinnati, Chicago and St. Louis Railway Company, Appellant.

(Argued March 15, 1915;

decided April 13, 1915.)

Headnote

Canadaigua Nat. Bank v. Cleveland, C., C. & St. L. Ry. Co., 155 App. Div. 53 , affirmed..

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 28, 1913, affirming a judgment in favor

p. 695

of plaintiff entered upon a decision of the court at a Trial Term in an action to recover for the conversion of a carload of apples arising upon a delivery alleged to be contrary to shipper’s instruction and the express terms of the bill of lading.

Daniel M. Beach for appellant.

Myron D. Short for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Miller, Cardozo and Seabury, JJ.