Smith v. Nashua & Lowell Railroad
Superior Court of New Hampshire
Case. The declaration alleged that on the 1st day of September, 1848, the defendants, in consideration of the delivery of certain hides to them, by the plaintiff, for safe keeping, undertook to keep them safely, but they were not safely kept; by reason whereof they became of no value, &c.
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Case. The declaration alleged that on the 1st day of September, 1848, the defendants, in consideration of the delivery of certain hides to them, by the plaintiff, for safe keeping, undertook to keep them safely, but they were not safely kept; by reason whereof they became of no value, &c. At the trial, upon the general issue, it was not denied, and it appeared in evidence that on the 12th and 13th days of April, 1848, about one thousand hides were sent, by the plaintiff’s order, from Boston to Nashua, upon the Nashua and Lowell Railroad, and after their arrival at Nashua, were taken by the…
1Opinion of the CourtBell, J.
The declaration in this case claims to charge the defendants as depositaries only. And the first question which presents itself is, whether they are such.
The ordinary case of a deposit is where the owner of goods delivers them to another, to be kept for him, without any agreement expressed or reasonably to be implied that the person to whom they are delivered shall receive any compensation for his services or care.
But there is a large class of deposits where there is no actual delivery to keep, and no actual agreement to accept the goods, or to keep or take care of them, and where the…
2Cases cited4 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Amory v. M'GregorNew York Supreme Court · 1818
- Young v. SmithCourt of Appeals of Kentucky · 1835
- Peaslee v. WadleighSuperior Court of New Hampshire · 1831
3Cited by4 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Seaboard Sand & Gravel Corp. v. Moran Towing Corp.Court of Appeals for the Second Circuit · 1946
- Jewell v. Grand Trunk RailwaySupreme Court of New Hampshire · 1874
- Ocean S. S. Co. of Savannah v. People's Shoe Co.Supreme Court of Alabama · 1919