Ontario Bank v. New Jersey Steamboat Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of- Common Pleas for the city and county of New York affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term upon trial without a j™7- This action was brought against defendant as a common carrier, for the alleged conversion of a quantity of wool. The answer was a general denial.
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Appeal from judgment of the General Term of the Court of- Common Pleas for the city and county of New York affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term upon trial without a j™7- This action was brought against defendant as a common carrier, for the alleged conversion of a quantity of wool. The answer was a general denial. The plaintiff’s evidence showed that one Oldknow Pooley, a produce merchant in Guelph, Canada West, shipped to New York in six separate shipments, 153 sacks-of wool by the Coburg and Peterborough railway and the Great…
1Opinion of the CourtGrover, J.
The defendant, under the general denial in its answer, had the right to introduce proof controverting any fact that the plaintiff was required to prove to establish his cause of action. For this purpose, it must show a conversion of the wool by the defendant. To do this it proved a demand of the wool from the defendant, and its failure to deliver. This was evidence tending to show a conversion, which, unexplained, would justify finding that fact. The defendant, under the answer, had a right to explain this by showing an excuse for its failure to deliver, and thereby repel any inference of a…
2Cases cited1 opinion
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
3Cited by4 opinions
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Craig v. Rochester City & Brighton Rail RoadNew York Supreme Court · 1863
- Negus v. City of BrooklynNew York Supreme Court · 1881
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868