Legal Opinion

Prentice v. Decker

New York Supreme Court

Decided February 11, 1867PublishedCited by 8 opinions

APPEAL from a judgment entered upon the report of a referee. Westcott’s Express Company is a joint stock company, of which the defendant Decker is treasurer.

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APPEAL from a judgment entered upon the report of a referee. Westcott’s Express Company is a joint stock company, of which the defendant Decker is treasurer. On the 2d of November, 1864, Miss Ellen Prentice; a daughter of the plaintiff, under age, delivered at the defendants’ office at the Hudson river railroad depot, in New York, for transportation from the depot to the plaintiff’s residence in Brooklyn, two trunks containitig clothing and jewelry pro-, vided for her use by her father. One of the trunks was left exposed and unguarded in the defendants’ express wagon, in the street, on a very…

1Opinion of the Court

By the Court, Gilbert, J.

The baggage which is the subject of this action having been provided by the plaintiff for the use of his infant daughter, in fulfillment of his obligation 'to give her suitable maintenance, there can be no doubt that the legal title to the goods remained in the plaintiff, notwithstanding the possession of them by the infant.

It is equally clear that, for the purposes of this case, the daughter must be treated as the legally constituted ageni of the plaintiff.

The daughter was a passenger on the Hudson Biver Bail-road,-and on her arrival in Hew York‘delivered the checks…

2Cited by8 opinions

  1. Blossom v. . DoddNew York Court of Appeals · 1870
  2. Merchants' Despatch Transportation Co. v. FurthmannIllinois Supreme Court · 1893
  3. Mauritz v. New York, L. E. & W. R. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1884
  4. Kuter v. Michigan Cent. R. Co.U.S. Circuit Court for the District of Illinois · 1853
  5. Van Schaack v. Northern Transp. Co.U.S. Circuit Court for the Northern District of Illnois · 1872

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