Mallory v. Perkins
The Superior Court of New York City
This action was brought by Charles Mallory, Charles H. Mallory, David D. Mallory and George W. Mallory against Bichard E. Perkins and Charles Stem, to recover for freight for the transportation of some casks of wine and brandy on a voyage from San Eranciseo to New York. The defense was the loss of the contents of two of such casks of wine, by leakage produced by improper stowage, and not by dangers of the seas.
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This action was brought by Charles Mallory, Charles H. Mallory, David D. Mallory and George W. Mallory against Bichard E. Perkins and Charles Stem, to recover for freight for the transportation of some casks of wine and brandy on a voyage from San Eranciseo to New York. The defense was the loss of the contents of two of such casks of wine, by leakage produced by improper stowage, and not by dangers of the seas. The cause was tried before Mr. Justice Woodruee and a Jury, on the 19th of December, 1861. On the trial, the delivery of the casks shipped, to the defendants, was admitted, and before…
1Opinion of the Court
By the Court—Robertson, J.
The evidence of the condition of the casks in question being subsequently supplied; cured any error in refusing to dismiss the complaint for want of it. (Murray v. Judah, 6 Cow., 484, 499.)
The objection to the inquiry made of the master of the vessel, of his . opinion of the quality of the damaged casks was also properly overruled, because no ground was specified for.it. Proof of the.probable strength of such casks, in- view of their stowage and condition after the voyage was admissible in the cause. If the witness was incompetent to give the testimony,, by not being…
2Cases cited7 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Murray v. JudahNew York Supreme Court · 1826
- Jackson ex dem. Parker v. HobbyNew York Supreme Court · 1823
- People ex rel. Hoyt v. Supervisors of KingsCourt for the Trial of Impeachments and Correction of Errors · 1836
- Sheldon v. WoodThe Superior Court of New York City · 1857
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3Cited by4 opinions
- Ladd & Bush v. SearsOregon Supreme Court · 1881
- Diehl v. WatsonAppellate Division of the Supreme Court of the State of New York · 1903
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- Green v. New York Central RailroadNew York Court of Common Pleas · 1872