Viner v. New York, Alexandria, Georgetown & Washington Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon an order of the court dismissing plaintiffs’ complaint. This action was brought against the defendant, as common carrier, for the conversion of a quantity of butter shipped by plaintiffs at Yew York to Georgetown.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon an order of the court dismissing plaintiffs’ complaint. This action was brought against the defendant, as common carrier, for the conversion of a quantity of butter shipped by plaintiffs at Yew York to Georgetown. The defence was that the butter had been delivered to one George E. Smith, a consignee of plaintiffs, under a letter which, it was claimed, gave him an apparent right to receive it. The butter was shipped on the 20th February, 1869;…
1Opinion of the Court
Church, Ch. J.
I cannot agree with the learned judge who tried this cause at the Circuit, that the letter from the plaintiffs to Smith was as a question of law sufficient authority for the defendant to justify a delivery of the butter to him.
The property was shipped to Georgetown, consigned to the plaintiffs’ order, and not marked with the name of any person. The carrier had no right to deliver it except upon the order of the plaintiffs. It is well settled that a delivery to a wrong person is a conversion. The letter claimed as authority was written to Smith, and not to the defendant. It does…
2Cited by5 opinions
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- American Merchants' Union Express Co. v. PhillipsMichigan Supreme Court · 1874
- Charles Schlesinger & Sons v. New York, New Haven & Hartford RailroadAppellate Terms of the Supreme Court of New York · 1903
- Bush v. RomerNew York Supreme Court · 1874
- Todd v. HaegerNew York Supreme Court · 1887