Stewart v. . Stone
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 17, 1888, which affirmed a judgment in favor of defendant, entered upon the report of a referee. The plaintiff and his assignors were patrons of the defendant’s factory, where they and others delivered milk to he manufactured into cheese and butter, marketed and the proceeds deposited by him for them respectively at a stipulated compensation.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 17, 1888, which affirmed a judgment in favor of defendant, entered upon the report of a referee. The plaintiff and his assignors were patrons of the defendant’s factory, where they and others delivered milk to he manufactured into cheese and butter, marketed and the proceeds deposited by him for them respectively at a stipulated compensation. This was done by the defendant up to October 28, 1883, when the factory was destroyed by fire, and a quantity of. milk,…
1Opinion of the CourtBradley, J.
The plaintiff and his assignors agreed to deliver their milk at the defendant’s factory for that purpose, and he undertook, for a stipulated compensation, to there manufacture from it butter and cheese, sell such products and distribute between them the proceeds in the manner provided for by the agreement. The contract was one of bailment involving the performance of service by the defendant, and in the result the parties were mutually and benefically interested. (Mallory v. Willis, 4 N. Y. 76; Foster v. Pettibone, 7 id. 433.) The duty assumed by the defendant was to exercise ordinary care…
2Cases cited10 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Heinemann v. . HeardNew York Court of Appeals · 1875
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3Cited by103 opinions
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- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Sattler v. . HallockNew York Court of Appeals · 1899
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
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