Arent v. Squire & Johnson
New York Court of Common Pleas
This wa; on appeal from the Fifth District Court. The action was to recover for the loss of gin stored with the defendants, of the value of fifty-seven dollars. The plaintiff proved that he stored ten pipes of gin with the defendants, who keep a bonded warehouse in the city of New York; that they remained upon storage for four months, when they were delivered to the plaintiffs carfcman, the defendants being paid for the storage.
Read the full summary
This wa; on appeal from the Fifth District Court. The action was to recover for the loss of gin stored with the defendants, of the value of fifty-seven dollars. The plaintiff proved that he stored ten pipes of gin with the defendants, who keep a bonded warehouse in the city of New York; that they remained upon storage for four months, when they were delivered to the plaintiffs carfcman, the defendants being paid for the storage. Two of the pipes were delivered on the 6th of September, 1857. They were brought by the cartman to a warehouse in Duane street, where the workmen, in rolling them…
1Opinion of the Court
*350By the Court.
Daly, F. J.
The question in this case is whether it was incnmhent upon the plaintiff' to show-how the gin was lost, and that it was through the. defendant’s negligence, or if this point should be determined in the plaintiff’s favor, if there was, upon the whole case, sufficient evidence to charge the defendants.
The defendants, as keepers of a warehouse in which the gin was received upon storage for hire, were bound to exercise ordinary diligence, or that care which prudent persons usually take of their own property. (Cailiff v. Danvers, 1 Peake, N. P. C., 114; Finucane v. Small, 1…
2Cases cited2 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- Beckman v. ShouseSupreme Court of Pennsylvania · 1835
3Cited by17 opinions
- Shropshire v. SidebottomMontana Supreme Court · 1904
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Common Pleas · 1869
- Donlan v. ClarkNevada Supreme Court · 1896
- Lynch v. KluberAppellate Terms of the Supreme Court of New York · 1897
- Earle v. CadmusNew York Court of Common Pleas · 1867
12 more not listed; retrieve them via the Exa API.