Bailey v. . Hudson River R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the-Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict. Action for the conversion of eleven cases of dry goods. On the 13th October, 1866, plaintiffs received in Hew .York, from Alden, Frink & Western of Cohoes, an invoice of three cases of goods, consigned to plaintiffs on account of consignors by the defendant’s road.
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Appeal from judgment of the General Term of the-Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict. Action for the conversion of eleven cases of dry goods. On the 13th October, 1866, plaintiffs received in Hew .York, from Alden, Frink & Western of Cohoes, an invoice of three cases of goods, consigned to plaintiffs on account of consignors by the defendant’s road. Plaintiffs advanced thereon three-fourths of their value, and at the same time loaned Alden, Frink & Western $3,974.13, for which that firm gave their check payable a…
1Opinion of the Court
Church, Ch. J.
It is undisputed that Alden, Frink & Weston delivered the goods in question to the defendant, to be transported by them to the plaintiffs; that they were consigned to the plaintiffs, and the packages properly marked with the name of the plaintiffs’ firm, and the defendant gave a receipt for the same, agreeing to deliver the goods safely to the plaintiffs at the city of Hew York. It is also undisputed that the plaintiffs had made a specific advance upon a portion of the goods, and the remainder were shipped in pursuance of an agreement between the plaintiffs and Alden, Frink &…
2Cases cited5 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
- Cross v. . O'DonnellNew York Court of Appeals · 1871
3Cited by24 opinions
- Shannon v. WolfIllinois Supreme Court · 1898
- Ryttenberg v. ScheferDistrict Court, S.D. New York · 1904
- First National Bank v. McAndrewsMontana Supreme Court · 1885
- Ruhl v. James J. Corner & Co.Court of Appeals of Maryland · 1885
- White v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1911
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