Campbell v. . Perkins
New York Court of Appeals
This was an action on the case, brought against the defendants as common carriers, to recover of them the plaintiff’s damages for a box containing clothing and money lost from the canal boat Brilliant, on a passage from Albany to Buffalo in 1841. The defendant pleaded the general issue, and the defendant Perkins, under his plea gave notice of his discharge as a bankrupt under the United States bankrupt act of 1841. The cause was twice tried.
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This was an action on the case, brought against the defendants as common carriers, to recover of them the plaintiff’s damages for a box containing clothing and money lost from the canal boat Brilliant, on a passage from Albany to Buffalo in 1841. The defendant pleaded the general issue, and the defendant Perkins, under his plea gave notice of his discharge as a bankrupt under the United States bankrupt act of 1841. The cause was twice tried. On the first trial a verdict was rendered for the plaintiff. The second trial took place at the Erie circuit in October, 1848, before Mr. Justice Hoyt.…
1Opinion of the CourtTaggart, J.
The judgment in this cause so far as relates to the defendants Rich and Ellison, I think ought to be affirmed. The plaintiff" made his contract with Chase and Company to transport him and his goods and effects from New York to Buffalo. It was not material whether he was conveyed in a boat belonging to Chase & Co. or a boat charterd by them belonging to some other person. So far as concerns the plaintiff Chase & Co. were his carriers, and they alone are liable to him. He made no contract with the defendants. He neither employed nor paid them for transporting him or his effects to Buffalo. The…
2Cases cited5 opinions
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Kellogg v. SchuylerNew York Supreme Court · 1846
- People v. KendallNew York Supreme Court · 1841
- Hubbell v. CrampNew York Court of Chancery · 1844
- Stevens v. Newcomb & FellowsNew York Supreme Court · 1847
3Cited by17 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Anderson v. . Fidelity Casualty Co.New York Court of Appeals · 1920
- Bryant v. KinyonMichigan Supreme Court · 1901
- Collins v. . GiffordNew York Court of Appeals · 1911
- Ayres v. Western RailroadNew York Supreme Court · 1866
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