Hempstead v. New York Central Rail Road
New York Supreme Court
APPEAL from a judgment rendered at a special term, after a trial at the circuit before a judge without a jury. The pleadings were in substance as follows: The complaint alleged, substantially, that on the 2d day of February, 1855, the plaintiff caused to he delivered to the defendant, as common carrier, 142 firkins and 15 barrels of butter, of the value of $3051.17, to be safely conveyed and transported from Suspension Bridge to New York, and there delivered to the…
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APPEAL from a judgment rendered at a special term, after a trial at the circuit before a judge without a jury. The pleadings were in substance as follows: The complaint alleged, substantially, that on the 2d day of February, 1855, the plaintiff caused to he delivered to the defendant, as common carrier, 142 firkins and 15 barrels of butter, of the value of $3051.17, to be safely conveyed and transported from Suspension Bridge to New York, and there delivered to the plaintiff, conformably to his directions in that behalf. The breach alleged was that the defendant did not convey to New York and…
1Opinion of the Court
By the Court, Mullin, J.
I shall assume, for the purposes of this case, that the plaintiff was the owner of the property in controversy, and that it was delivered to the defendant at Suspension Bridge, with notice that Darling, Albertson & Bose, Front street, Hew York, were the consignees. The plaintiff alleges in his complaint that the said property was delivered to the defendant at Suspension Bridge to be safely and securely carried, conveyed and transported by the defendant from Suspension Bridge to the city of Hew York, there to be safely and securely delivered in good order and condition,…
2Cases cited2 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- Foote v. StorrsNew York Supreme Court · 1848
3Cited by8 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Coates v. United States Express Co.Supreme Court of Missouri · 1870
- Smith v. SchulenbergWisconsin Supreme Court · 1874
- United States Express Co. v. RushIndiana Supreme Court · 1865
- Milnor v. New York & New Haven RailroadNew York Court of Common Pleas · 1873
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