Legal Opinion

Dickey v. Grant

New York Supreme Court

Decided August 15, 1826PublishedCited by 1 opinion

This was an action to recover damages, for the injury & . to, or loss sustained on 5 cases of Leghorn hats, shipped ^7 or^er> and f°r account of the plaintiff by the defendants, resident merchants at Leghorn, on board of the schooner Penguin, bound from Leghorn to Palermo, in island of Sicily; and thence to Boston.

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This was an action to recover damages, for the injury & . to, or loss sustained on 5 cases of Leghorn hats, shipped ^7 or^er> and f°r account of the plaintiff by the defendants, resident merchants at Leghorn, on board of the schooner Penguin, bound from Leghorn to Palermo, in island of Sicily; and thence to Boston. The cause was tried at the New-York circuit, July 17thr h824, before Betts, C. Judge ; when a verdict was found-for the plaintiff for $3277,24 damages, The facts are sufficiently stated in the opinion of the coürtj which was delivered by

1Opinion of the CourtWoodworth, J.

The question arising in this case is, whether the defendants are liable on the ground of negligence, for a loss sustained on five cases of Leghorn hats ? The defendants are merchants residing at Leghorn. On ⅛6 of December, 1817, the plaintiff sent an order for the hats, requesting to have them sent with the least pos- . . r sible delay, to be here early m the spring; and if all were not ready when an opportunity offered, to divide the ship-*311merit. Five cases were shipped in March, 1818, on board a vessel for Boston, to touch at Palermo, to take in a cargo of oranges and lemons, which was known…

2Cited by1 opinion

  1. McCool v. MahoneyCalifornia Supreme Court · 1880

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