Crommelin v. New York and Harlem Railroad
New York Court of Appeals
This was an action of replevin to recover the possession of a quantity of marble. The jury found for the defendants. The plaintiff appealed to the General Term of the Superior Court of the city of New York, where a new trial was ordered. From this order the defendants appeal, and stipulate that if the said order be affirmed by this court, judgment absolute shall be rendered against the said appellants.
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This was an action of replevin to recover the possession of a quantity of marble. The jury found for the defendants. The plaintiff appealed to the General Term of the Superior Court of the city of New York, where a new trial was ordered. From this order the defendants appeal, and stipulate that if the said order be affirmed by this court, judgment absolute shall be rendered against the said appellants. The defendants had transported upon their railroad certain ■ marble belonging to the plaintiff and to be delivered to him in New York. The marble arrived in New York on the 11th of October,…
1Opinion of the Court
Hunt, Ch. J.
It is to be assumed from the evidence and from the finding of the jury, that the plaintiff had received notice on the 12th of October, 1860, of the arrival of his marble. It is to be further assumed, although the evidence was contradictory on that point, that the plaintiff had been informed by the agent of the defendants, that a charge would be made for the detention of the cars longer than forty-eight hours'. Had an action been brought to recover the damages or the agreed price for this detention, it would, upon these facts, have been sustainable.
The legal question here is, had…
2Cases cited1 opinion
- Brackett v. NortonSupreme Court of Connecticut · 1823
3Cited by3 opinions
- Carrizzo v. New York, Susquihanna and Western RailroadNew York Supreme Court · 1910
- Hawgood v. One Thousand Three Hundred & Ten Tons of CoalDistrict Court, E.D. Wisconsin · 1884
- Troy Waste Manufacturing Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913