Thurman v. Wells
New York Supreme Court
This was an appeal by the defendants from a judgment entered against them at a special term, upon the verdict of a jury.
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This was an appeal by the defendants from a judgment entered against them at a special term, upon the verdict of a jury. The complaint alleged that on or about the 16th of October, 1852, at Panama, Hew Grenada, one Andrew Spencer delivered to the defendants, as common carriers, under the name and style of “Wells, Fargo & Co.,” from California, and from Panama, Chagres and Havy Bay to New-York, and also from the city of New-York to those ports and places, by W. H. Backus, the agent and messenger of the defendants, a quantity of gold dust and coin, to be conveyed from Panama to Mew-York, for a…
1Opinion of the CourtBrown, J.
1. The plaintiff’s ability to maintain this action involves the question whether the right of action is assignable. The question is not affected by the provisions of the code ; for as I shall attempt to show, presently, such choses and rights as were assignable before it took effect, are assignable still, and no others. Nor does it depend upon the question whether the right to maintain the action would have passed to the assignor’s executors, in the event of his death, because the statute (2 R. S. 365, §§ 1 and 2) gives the personal representatives rights of action which, at the common law,…
2Cases cited5 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Gillet v. FairchildNew York Supreme Court · 1847
- Gardner v. AdamsNew York Supreme Court · 1834
- Hollister v. NowlenNew York Supreme Court · 1838
- Weed & Weed v. Saratoga & Schenectady RailroadNew York Supreme Court · 1838
3Cited by8 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Welsh v. . CochranNew York Court of Appeals · 1875
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Law v. StokesSupreme Court of New Jersey · 1867
- Rubenstein v. FrostAppellate Terms of the Supreme Court of New York · 1909
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