Faulkner v. . Hart
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of- Rew York, in favor of defendants, entered upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 12 J. & S. 471.) The question submitted was as to the liability of defendants common carriers for the loss of certain goods. The substance of the facts set forth in the case submitted appears in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of- Rew York, in favor of defendants, entered upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 12 J. & S. 471.) The question submitted was as to the liability of defendants common carriers for the loss of certain goods. The substance of the facts set forth in the case submitted appears in the opinion. By the law merchant, the defendants are liable for the loss of the goods under the cireumstances stated. „ They were bound to give the consignees a reasonable opportunity to remove…
1Opinion of the CourtMiller, J.
The goods, for the value of which the plaintiffs claim to recover in this action, were shipped at New York, to be transported to and were consigned to them at Boston; and they were called for on the day of their arrival, but a delivery was refused until the next day, because it was not convenient for the defendant to deliver them. They were unloaded from the cars the same . afternoon, but too .late for delivery, and were placed during the night of that day in the defendant’s warehouse, and before the plaintiffs 'had an opportunity to make another demand the warehouse, together with the goods,…
2Cases cited21 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Oates v. National BankSupreme Court of the United States · 1879
- Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
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3Cited by31 opinions
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- Saint Nicholas Bank v. State National BankNew York Court of Appeals · 1891
- Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
- Railroad v. KellyTennessee Supreme Court · 1892
- Hartmann v. Louisville & Nashville RailroadMissouri Court of Appeals · 1890
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