Clark v. Faxton
New York Supreme Court
This was an action on the case, tried at the Oneida circuit, in May, 1838, before the Hon. Robert Monele, one of the circuit judges. The defendants were sued as common carriers and charged with the non-delivery of a box of merchandize entrusted to them in December, 1835, at Batavia, for carriage to Utica. The declaration stated that they were common carriers of goods and chattels from Batavia to Utica.
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This was an action on the case, tried at the Oneida circuit, in May, 1838, before the Hon. Robert Monele, one of the circuit judges. The defendants were sued as common carriers and charged with the non-delivery of a box of merchandize entrusted to them in December, 1835, at Batavia, for carriage to Utica. The declaration stated that they were common carriers of goods and chattels from Batavia to Utica. Whereas, by the proof, it appeared that they were carriers only between Utica and Canandaigua, and that from the latter place to Buffalo, a line of stage-coaches was owned and run by other…
1Opinion of the Court
By the Court,
Cowen. J.
I do not collect from the account of the notice published by the defendants, that they took any pains to indicate the true limits of their interest, which undoubtedly lay between Utica and Canandaigua. The notice however left the public to infer that the defendants were interested farther ; even from Albany to Buffalo, The complaint therefore" of the mere formal mistake in stating the termini does not call for any favor. It is but form, for there is no doubt that the trunk was lost within the range of their actual interest. It is clear that the circuit judge might…
2Cases cited1 opinion
- Hull v. TurnerNew York Supreme Court · 1828
3Cited by4 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Baxter v. LelandDistrict Court, S.D. New York · 1848
- Folse v. New Orleans Coast & Lafourche Transportation Co.Supreme Court of Louisiana · 1867