Campbell v. . Conner
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff as owner of the barque John Campbell, against defendant, sheriff of the city and county" of New York, to recover damages for unlawfully taking and removing from said vessel a quantity of flour, and for detention of the vessel.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff as owner of the barque John Campbell, against defendant, sheriff of the city and county" of New York, to recover damages for unlawfully taking and removing from said vessel a quantity of flour, and for detention of the vessel. The sheriff sought to justify by virtue of certain warrants of attachment against the shipper of the flour to whom bills of lading had been delivered. The flour was shipped to…
1Opinion of the Court
Church, Ch. J.
The principal question in this case is, whether the value of the property seized and removed from the ship was properly included as an item of damages, which the plaintiff was entitled to recover. The goods had been shipped, bills of lading issued, and were outstanding, and the vessel was ready to sail when the attachments were levied and the goods taken. The freight and charges were not paid, nor was any bond of indemnity given. The sheriff refused to give any bond at the time or since. It did not appear on the trial that the plaintiff had paid but a small amount, by reason of…
2Cited by5 opinions
- Hansen v. The M. M. ChaseDistrict Court, S.D. New York · 1889
- Hayes v. CampbellCalifornia Supreme Court · 1880
- Seaboard Forwarding Co. v. Freight on Certain Cargoes of FlaxseedDistrict Court, W.D. New York · 1926
- Pittinger v. Hoboken Planing Mills Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Watson & Pittinger v. Hoboken Planing Mills Co.Appellate Division of the Supreme Court of the State of New York · 1913