Legal Opinion

Tavener v. Burke

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1923PublishedCited by 1 opinion

1Opinion of the Court

Crouch, J.:

The agreement between the parties as alleged in the complaint was “ to safely carry and convey ” certain household goods from Amsterdam to Lyons and there to deliver the same. By the terms of the amended order and stipulation it appears that the agreement was a “ specific contract to deliver the property in as good condition as when received by defendant.” There is no difference in legal effect. The agreement in either form was a contract of bailment only. (Williston Cont. § 1946; Ames v. Belden, 17 Barb. 513; Jaminet v. American Storage & Moving Co., 109 Mo. App. 257; 10 C. J.…

2Cases cited3 opinions

  1. Young v. . LearyNew York Court of Appeals · 1892
  2. Ames v. BeldenNew York Supreme Court · 1854
  3. Jaminet v. American Storage & Moving Co.Missouri Court of Appeals · 1904

3Cited by1 opinion

  1. Davis v. Lampert Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1968

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