
    James J. Murray, App'lt, v. The J. J. Nichols Manufacturing Company, Resp’t.
    
      (City Court of New York,
    
    
      General Term,
    
    
      Filed December 1, 1890.)
    
    Sale—Liability fob beeabag® m teanspobtatiox.
    Where delivery is to be made in the city where the vendee resides or does business, and the freight is charged to and paid by the vendor, the latter takes the risk of transportation, including breakage, and the vendee is not liable for broken goods, although the invoices contain the words “ no allowance for breakage.”
    Appeal from judgment entered on verdict.
    
      L. M. Boscher, for app’lt; G. & Miller, for resp’t.
   Per Curiam.

The defendant proved that the deliveries were tobe made in Mew York; that although the goods came from Meriden, Conn., the freight was’always charged to and paid by the plaintiff. The risk of transportation was therefore upon him, and he in turn had his remedy for injuries to the goods against his carriel’. Breakage was one of the incidents of the carriage not assumed by the defendant. Putting the words “no allowance for breakage ” on the invoices can hardly be extended so as to make the defendant pay for valueless broken glass ware, neither ordered nor .desired, where, as in this case, the damage was done before the goods reached the defendant or its agents. The counterclaim for goods sold to Michols individually was carefully excluded from the consideration of the jury by the trial judge, so that the question whether a manufacturing corporation can purchase a claim for unliquidated damages is not before us for decision. The case was carefully tried, the verdict is sustained by the evidence, and the judgment appealed from must be affirmed, with costs.

McAdam, Ch. J., Ehrlich and Fitzsimons, JJ., concur.  