Murray v. Warner
Supreme Court of New Hampshire
Case, to recover the value of a coat and vest under a count, which alleged that the defendant was a common carrier of goods and merchandise from Exeter to Amesbury and Newburyport; and that, on October 27,1870, the plaintiff was possessed of a certain coat and vest, and by his agent delivered the same to the defendant to carry from Exeter to Amesbury and deliver to one Charles M. Abell, provided that Abell should, upon the delivery of said coat and vest to him, deliver to…
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Case, to recover the value of a coat and vest under a count, which alleged that the defendant was a common carrier of goods and merchandise from Exeter to Amesbury and Newburyport; and that, on October 27,1870, the plaintiff was possessed of a certain coat and vest, and by his agent delivered the same to the defendant to carry from Exeter to Amesbury and deliver to one Charles M. Abell, provided that Abell should, upon the delivery of said coat and vest to him, deliver to the defendant for the plaintiff six spring bed-bottoms, valued at $27; and that the defendant received the coat and vest…
1Opinion of the Court
Carriers — Delivery. 1. The first question reserved is, whether this action can be maintained in the name of the present plaintiff: and upon this point the authorities are quite uniform. A bailee of goods for hire may sustain an action against a carrier for negligence; and it can make no difference whether such bailee was himself a carrier, to whom the goods had been originally intrusted for carriage to a point not on his route. These goods were delivered by the owner, Haley, to the plaintiff, to be carried to Amesbury, and payment for the same to be collected in spring-beds. It is…
2Cases cited5 opinions
- Le Roy v. TathamSupreme Court of the United States · 1860
- Woodman v. NottinghamSupreme Court of New Hampshire · 1870
- Weed v. . BarneyNew York Court of Appeals · 1871
- Elkins v. Boston & Maine RailroadSuperior Court of New Hampshire · 1849
- Mayall v. Boston & Maine RailroadSuperior Court of New Hampshire · 1848
3Cited by2 opinions
- Justin v. Delta Motor LineLouisiana Court of Appeal · 1949
- Littleton Stamp and Coin Co., Inc. v. Delta Airlines, Inc.Court of Appeals for the First Circuit · 1985