Field v. Banker
The Superior Court of New York City
This was an action brought by Alfred Field, Robert Ibbotson and Benjamin F. Errington to recover money expended by them for the defendant’s benefit, and a commission for the purchase of certain goods for him, by them, as factors or agents.
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This was an action brought by Alfred Field, Robert Ibbotson and Benjamin F. Errington to recover money expended by them for the defendant’s benefit, and a commission for the purchase of certain goods for him, by them, as factors or agents. In the year 1858, the business of the plaintiffs, who were partners and had houses in Hew York, Birmingham and Liverpool, was that of purchasing hardware on commission, and shipping it, when purchased, to the United States; the orders being received in Hew York, Philadelphia and elsewhere, and forwarded to Birmingham for execution, and the purchases made at…
1Opinion of the Court
By the Court—Robertson, J.
The defendant relies on two defenses in this case. First. The failure of the plaintiffs to notify him of the shipment of the goods in time to insure. Second. The taking a bill of lading exempting the carrier from liability for fire. Whether he considers the plaintiffs were bound to do both; that is, give such ■ notice and take a proper bill of lading, or whether, *477if he secured the liability of the carrier as an insurer, the object of the other act of duty would be sufficiently attained, and the plaintiffs relieved from its performance, does not appear. In either case…
2Cited by2 opinions
- Easton v. George Wostenholm & Son, Ltd.Court of Appeals for the Ninth Circuit · 1905
- Universal Ltd. v. S. Stern & Co.Appellate Division of the Supreme Court of the State of New York · 1970