Edson v. Weston
New York Supreme Court
Assumpsit against the defendant, as bailee, for not uebvering to the plaintiff a horse and harness, as he had promised; tried at the Saratoga circuit, June 2d, 1825, before' 0. Judge. Plea, the general issue.
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Assumpsit against the defendant, as bailee, for not uebvering to the plaintiff a horse and harness, as he had promised; tried at the Saratoga circuit, June 2d, 1825, before' 0. Judge. Plea, the general issue. At the trial, it appeared that the defendant executed to * «a a. the plaintiff an instrument in writing, dated June 29th, *821, by which he acknowledged that he had received of the plaintiff the horse and harness in question, the properíy ^ Fowle, said to be holden by the plaintiff in P^S6 í an(* be stipulated to deliver them to the plaintiff at Waterford, Saratoga county, or to leave…
1Opinion of the Court
Curia, per Savage, Ch. J.
But two questions can arise: *2801. Did the facts offered to be proved constitute a defense ? and 2. Were they admissible under "the plea of the general issue?
_¿_g to the first question. The defendant appears to have been a mere depositary. He was neither to give any thing for the use of the property; nor to receive anything for his trouble in taking care of it. He was, therefore, answerable for gross neglect only.[1] The facts offered, would constitute a defense for any bailee.. The property was taken by paramount authority; the authority of law. The case of Shelbury v.…
2Cited by16 opinions
- Clifford v. HughesAppellate Division of the Supreme Court of the State of New York · 1910
- Harrison v. ThackaberryIllinois Supreme Court · 1911
- Meredith v. Santa Clara Mining Ass'n of BaltimoreCalifornia Supreme Court · 1880
- Jewett v. OlsenOregon Supreme Court · 1890
- Irion v. HumeMississippi Supreme Court · 1874
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