Holbrook v. Vose
The Superior Court of New York City
This case came before the Court to be heard, upon exceptions taken on the trial thereof, before Mr. Justice Pierrepont and a jury, on the 10th day of March, 1859. Upon which trial the complaint was dismissed. The plaintiffs excepted, and the Judge ordered the exceptions to be heard in the first instance at General Term, and the judgment to be in the meantime suspended.
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This case came before the Court to be heard, upon exceptions taken on the trial thereof, before Mr. Justice Pierrepont and a jury, on the 10th day of March, 1859. Upon which trial the complaint was dismissed. The plaintiffs excepted, and the Judge ordered the exceptions to be heard in the first instance at General Term, and the judgment to be in the meantime suspended. The complaint was for the forcible and wrongful taking from the plaintiffs’ possession and carrying away seven thousand three hundred and thirty-eight bars of railroad iron, on the 3d of August, 1857, at Oswego. The answer of…
1Opinion of the Court
By the Court—Woodruff, J.
If, upon the undisputed facts, it must be held that, at the time when the property in question was taken, the defendants, Vose, Livingston & Company, had the right to stop the goods in transitu, and duly exercised that right, neither they nor their sureties incurred any liability to the plaintiffs by the taking complained of.
Whether such right existed may properly be considered by inquiring—First. Whether, as between Vose, Livingston and Company, as vendors, and the Railroad Company, as vendees, *103the former were entitled to stop the goods ? and, Second. Whether the…
2Cases cited9 opinions
- Creery v. HollyNew York Supreme Court · 1835
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Dickerson v. SeelyeNew York Supreme Court · 1851
- Harris v. HartThe Superior Court of New York City · 1857
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