Bliven v. Hudson River Rail Road
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendants as common carriers, to recover the value of goods delivered to the company to he transported from Sing Sing to Hew Tort, and alleged to have been lost, through its negligence.
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APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendants as common carriers, to recover the value of goods delivered to the company to he transported from Sing Sing to Hew Tort, and alleged to have been lost, through its negligence. The following facts were found by the referee: That on the 2d day of September, 1859, the plaintiffs delivered to the defendants, at their depot or station, in the village of Sing Sing, in the county of Westchester, twenty-nine cases or boxes of merchandise, containing saw plates and saw handles, of the value of…
1Opinion of the Court
By the Court, Emott, J.
It is no doubt true, as a general rule, that a bailee of property cannot set up against his bailor, that a third person has a better title to the property, and compel the latter to litigate the question of ownership. But it is also true that if goods are taken from the bailee by the authority of the law, exercised through regular and valid proceedings, it will be a defense to an action by the bailor. The bailee must assure himself, and show the court, that the proceedings are regular and valid, but he is not bound to litigate for his bailor, or to show that the judgment…
2Cases cited1 opinion
- Bates v. StantonThe Superior Court of New York City · 1852
3Cited by4 opinions
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
- Ball v. LineyNew York Supreme Court · 1865
- Mierson v. HopeThe Superior Court of New York City · 1870
- Livingston v. MillerNew York Supreme Court · 1888