Cairnes v. Bleecker
New York Supreme Court
THIS was an action of traver, tried at the Nciv-York sittings, ^e^°re ^r* ^ust*ce ^'an Ness,, the 5th April last. The plaintiffs produced in evidence the following receipt of (he defendants: “Received in store, Albany, 18th May, 1311, from on board the sloop Diana, John Gager, one box, and one °f dry goods, marked M. Gillót, subject to the order of i 1 . _ „ . Messrs. Caimas & Lord, New-York. B. & J. R. Bleecker.
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THIS was an action of traver, tried at the Nciv-York sittings, ^e^°re ^r* ^ust*ce ^'an Ness,, the 5th April last. The plaintiffs produced in evidence the following receipt of (he defendants: “Received in store, Albany, 18th May, 1311, from on board the sloop Diana, John Gager, one box, and one °f dry goods, marked M. Gillót, subject to the order of i 1 . _ „ . Messrs. Caimas & Lord, New-York. B. & J. R. Bleecker. The va*ue of the goods, in May, 1311, was admitted to be sevenhunc*rec* and ninety-five dollars and thirty-two cents. On the 20th May, 1311, the defendants wrote to the plaintiffs, °…
1Opinion of the Court
..Seescer, J.,
delivered the opinión of the court.
Two. objections have been made to the plaintiffs’ recovery: 1st. That trover cannot be sustained in such a case; and, 2d. *305That the plaintiffs, after a knowledge of all the facts, adopted the defendants’ acts.
The plaintiffs’ counsel relies on thb case of Seyd v. Hay, (4 T. R. 260.) as to the form of the action. In that case, the owner of goods on boardtof a vessel directed the captain not to land them on the wharf, which he promised not to do, but afterwards delivered them to the wharfinger, for the owner’s use, under the pretence that the…
2Cited by38 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Robinson v. HartridgeSupreme Court of Florida · 1869
- Bridenbecker v. LowellNew York Supreme Court · 1860
- O'Connor v. Bankers Trust Co.New York Supreme Court · 1936
- Wallace v. MorganIndiana Supreme Court · 1864
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