Legal Opinion

Samuel Harris & Sons v. Moody & Telfair

The Superior Court of New York City

Decided February 19, 1859Published

This action comes before the Court on questions of law, arising at the trial, and which were there ordered to be heard in the first instance at the General Term. It was tried before Mr. Justice Slossow and a jury, on the 21st of June, 1858-. It is brought to recover the possession of a package of bank bills.

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This action comes before the Court on questions of law, arising at the trial, and which were there ordered to be heard in the first instance at the General Term. It was tried before Mr. Justice Slossow and a jury, on the 21st of June, 1858-. It is brought to recover the possession of a package of bank bills. The complaint states that the defendants have become possessed of and wrongfully detain one package of bank bills, the property of the plaintiffs, amounting to $1,171, “ said package being sealed in 'an envelope and marked “$1,171,” and directed to “ J. W. Clark & Co., Boston, Mass.; ” a…

1Opinion of the CourtPierrepont, J.

This case comes before us by direction of the Judge below, and presents the following facts:

The steamboat “ Connecticut,” on her voyage from Hew York to Allyn’s Point, pn the 17th of October, 1856, encountered a heavy gale, and for general safety it became necessary to throw a large amount of her cargo overboard. Most of the cargo jettisoned was stowed on ■ the main deck, in accordance with established usage of the trade by steamboats running on the Sound.

The space below the main deck was, as usual, occupied by the engine, boilers, coal, &c., and by passengers.

Upon the deck was a crate of…

2Cases cited2 opinions

  1. Barber v. BraceSupreme Court of Connecticut · 1819
  2. Hinsdale v. Bank of OrangeNew York Supreme Court · 1831

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