Gibson v. Culver
New York Supreme Court
This was an action on the case against the defendants as common carriers, tried at the Rensselaer circuit in March, 1835. They were the owners of a stage, in which they carried the mail, and also passengers and goods, from Sandlake, in Rensselaer county, to Albany via Troy, being part of a line from Boston to Albany. The plaintiff put a box of combs in the stage at Leominster, in Massachusetts, directed to “ Messrs.
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This was an action on the case against the defendants as common carriers, tried at the Rensselaer circuit in March, 1835. They were the owners of a stage, in which they carried the mail, and also passengers and goods, from Sandlake, in Rensselaer county, to Albany via Troy, being part of a line from Boston to Albany. The plaintiff put a box of combs in the stage at Leominster, in Massachusetts, directed to “ Messrs. Vail & Co., Troy, N. Y.” which arrived safely at Sandlake, and was there taken into the stage of the defendants and carried to Troy, and left at the stage house there, being the…
1Opinion of the Court
By the Court,
Cowen. J.
(The offer of the defendants, pre-supposed, what is now conceded, and is indeed extremely well settled, that prima facie the carrier is under an obligation to deliver the goods to the consignee personally. The authorities to this point are nearly all collected in Story on Bailments. 346, n. 3, and 2 Kent’s Comm. 604, 5. See also Golden v. Manning, 3 Wils. 425, 433; Owen, 57; and Storr v. Crowley, 1 McClel. & Young, 129, 138, per Hullock, B.
It would be too much, perhaps, to say that a uniform and well known usage, in either form put by the defendants in their offer, might…
2Cases cited3 opinions
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
- Newbold v. WrightSupreme Court of Pennsylvania · 1833
- Rapp v. PalmerSupreme Court of Pennsylvania · 1834
3Cited by58 opinions
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Barlow v. LambertSupreme Court of Alabama · 1856
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