American Preservers Co. v. Drescher
The Superior Court of the City of New York and Buffalo
Appeal from municipal court. Action by the American Preservers Company against James J. Drescher. From a judgment dismissing the complaint, plaintiff" appeals.
1Opinion of the CourtTitus, C. J.
This action is brought to recover $175, agreed valuation of a horse let by the plaintiff to the defendant for hire. So far as I am able to gather from the evidence, the defendant had used the horse in connection with another for about seven weeks, for which he agreed to pay a dollar a day. Some time in August the horse was taken sick, and the plaintiff demanded the return of the horse, pursuant to the terms of the contract. The horse then died, while in the possession of the defendant, which raises the question to be decided. These facts present an ordinary case of bailment for hire. The…
2Cases cited1 opinion
- Claflin v. . MeyerNew York Court of Appeals · 1878
3Cited by4 opinions
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- Lucadana v. LucadanaNew York Supreme Court · 1963
- Rapid Safety Fire Extinguisher Co. v. Hay-Budden Manufacturing Co.New York Supreme Court · 1902