Farmers' & Mechanics' Bank v. Champlain Transportation Co.
Supreme Court of Vermont
Trespass on the Case. It was alleged in the declaration, that the defendants were common carriers upon Lake "Champlain, between Burlington and Plattsburg, N. Y., and received from the plaintiffs, at Burlington, a package of bank bills, to be carried to Plattsburgh and there delivered to Richard Yates, Esq., to whom it was directed, and that the package was never delivered as directed, but was lost through the negligence of the defendants.
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Trespass on the Case. It was alleged in the declaration, that the defendants were common carriers upon Lake "Champlain, between Burlington and Plattsburg, N. Y., and received from the plaintiffs, at Burlington, a package of bank bills, to be carried to Plattsburgh and there delivered to Richard Yates, Esq., to whom it was directed, and that the package was never delivered as directed, but was lost through the negligence of the defendants. Plea, the general issue, and trial by jury, September Term, 1847, — Bennett, J., presiding. ■* The defendants were a corporation chartered in 1826, and,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The facts, necessary to a full understanding of the points, now determined by the court, will be found sufficiently detailed in the reports of the same case, 16 Vt. 52, and 18 lb. 131.
The first question is, What was necessary to constitute the defendants common carriers of bank bills 7
The defendants’ charter extends to the’ carrying of all commodities usually carried upon Lake Champlain at the date of the charter, and the proof showed, that bank bills were usually carried by the water craft upon that lake, at the time the defendants’…
2Cases cited13 opinions
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Allen v. SewallNew York Supreme Court · 1829
- Gibson v. CulverNew York Supreme Court · 1837
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
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- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
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