Everett v. Coffin
New York Supreme Court
This was an action of trover, tried at the New-York circuit, in January, 1828, before the Hon. Ogden Edwards, one of the circuit judges. - The plaintiff produced a bill of lading signed by William Collins, master of the brig Dove, at New-Qrleans, 27th August, 1825, acknowledging that Bridge <$• Vose had shipped on board the brig bound to New-York, 179 pigs of lead, weighing 12012 lbs. to be delivered at the port of New-York, (the danger of the seas only excepted,) unto…
Read the full summary
This was an action of trover, tried at the New-York circuit, in January, 1828, before the Hon. Ogden Edwards, one of the circuit judges. - The plaintiff produced a bill of lading signed by William Collins, master of the brig Dove, at New-Qrleans, 27th August, 1825, acknowledging that Bridge <$• Vose had shipped on board the brig bound to New-York, 179 pigs of lead, weighing 12012 lbs. to be delivered at the port of New-York, (the danger of the seas only excepted,) unto Messrs. Tufts, Eveleth and Burrell, or to their assigns; they paying freight, &c. The plaintiff also produced a letter from…
1Opinion of the Court
By the Court,
Sutherland, J.
It was proved by competent and sufficient evidence, that the plaintiff was the owner of the properly in question. The bill of lading itself, as against Collins, for whose benefit the defendants received and disposed of the property, would be prima facie sufficient to establish the title of the plaintiff. The bill states that the lead was received by Bridge & Vose on account and risk of Mr. Otis Everett of Boston. In addition to this, we have the letter of Bridge & Vose, (by whom the lead was shipped at New-Orleans, and in whose possession it of course then was,)…
2Cases cited2 opinions
- La Place v. AupoixNew York Supreme Court · 1800
- Judah v. KempNew York Supreme Court · 1801
3Cited by37 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Everett v. SaltusNew York Supreme Court · 1836
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Spraights v. . HawleyNew York Court of Appeals · 1868
- Robinson v. HartridgeSupreme Court of Florida · 1869
32 more not listed; retrieve them via the Exa API.