Bigelow v. Heaton
New York Supreme Court
Replevin in the detinet, for seventy-five barrels of flour, tried at the New-York circuit in October, 1845, before Edmonds, C. Judge. The flour in question belonged to one Rice, who in the fall of 1841 shipped the same with other flour to the amount of 476 barrels in all, in a canal boat owned by the plaintiff, by the canal and Hudson river, to the defendant in New-York, where it arrived on Friday, the 26th November, towards evening.
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Replevin in the detinet, for seventy-five barrels of flour, tried at the New-York circuit in October, 1845, before Edmonds, C. Judge. The flour in question belonged to one Rice, who in the fall of 1841 shipped the same with other flour to the amount of 476 barrels in all, in a canal boat owned by the plaintiff, by the canal and Hudson river, to the defendant in New-York, where it arrived on Friday, the 26th November, towards evening. A part of the freight was paid when the flour was ship'ped, but the balance, $312,50, was to be collected of the consignee. The master called upon the defendant…
1Opinion of the Court
By the Court, Beardsley, J.
That the plaintiff had a special property in the flour, in virtue of his lien for the freight, and that this continued so long as the flour remained in his possession, was not denied; nor was it denied that the flour had been, in fact, delivered to the defendant, to whom it was consigned. The judge seems to have held that the continuance of the lien, after such delivery of the flour, might depend upon the mere intent of the plaintiff’s agent, the captain of the boat, by whom the delivery was made; and that notwithstanding such delivery had been made, the lien would…
2Cited by14 opinions
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Johanns v. . FickeNew York Court of Appeals · 1918
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Samaran v. Sidney Garage, Inc.City of New York Municipal Court · 1930
- Fitchett v. NanaryThe Superior Court of the City of New York and Buffalo · 1891
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