Everett v. Saltus
New York Supreme Court
Error from the supreme court of the city of New-York. This was an action of trover, brought by E. Everett, against F. and N. Saltus, for a quantity of lead. In August,1825,Bridge Of Vose, merchants at New-Orleans, shipped 179 pigs of lead on board the brig Dove, of which William Collins \yas master", consigned to Messrs.
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Error from the supreme court of the city of New-York. This was an action of trover, brought by E. Everett, against F. and N. Saltus, for a quantity of lead. In August,1825,Bridge Of Vose, merchants at New-Orleans, shipped 179 pigs of lead on board the brig Dove, of which William Collins \yas master", consigned to Messrs. Tufts, Everleth &f Burrell,oí New-York, on account and risk of Otis Everett, the plaintiff, to whom they were referred for instructions. . The Dove put into Norfolk, in distress, and part of the lead was sold, to pay expenses, and the residue was transferred in December,…
1Opinion of the Court
By the Court,
Bronson, J.
Most of the questions discussed on the argument were decided in the action brought by the plaintiff, Everett, against Coffin & Cartwright, 6 Wendell, 603. The defendants insist, however, that the suit should have been brought by Tufts, Everleth & Burrell, to whom the goods were shipped by Bridge & Vose. It may be conceded, as a general rule, that where goods have been consigned to an individual, the action for a conversion, or other injury to the property, must be brought by the consignee. If the goods have been placed at his absolute disposal, and no other fact…
2Cases cited2 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Everett v. CoffinNew York Supreme Court · 1831
3Cited by50 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Harbor Insurance Company v. Continental Bank CorporationCourt of Appeals for the Seventh Circuit · 1991
- Harbor Insurance v. Continental Bank Corp.Court of Appeals for the Seventh Circuit · 1990
- President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
- Krulder v. . EllisonNew York Court of Appeals · 1871
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