Lawler v. Keaquick
New York Supreme Court
This was a special action on the case in which the plaintiff declared as follows : ' “1. For'that, whereas, on the 3d of July, in the year of our Lord 1795, at the city of New York, and in the ' fifth *ward of the said city,' and within the’county of [*175] New York, in consideration that W. L. in his lifetime, at the special instance and request of the said defendant had caused to be delivered to the said defendant, divers goods, wares and merchandizes of him the said W. L.…
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This was a special action on the case in which the plaintiff declared as follows : ' “1. For'that, whereas, on the 3d of July, in the year of our Lord 1795, at the city of New York, and in the ' fifth *ward of the said city,' and within the’county of [*175] New York, in consideration that W. L. in his lifetime, at the special instance and request of the said defendant had caused to be delivered to the said defendant, divers goods, wares and merchandizes of him the said W. L. to be transported, carried, and conveyed by the said defendant, in a certain ship or vessel, whereof the said defendant…
1Per curiam
We are of opinion, on the first point, that the plaintiff is not entitled to recover. The defendant in his capacity of master, has clearly performed his duty. In his character of bailee or consignee of the goods, . ^nothing more, under the circumstances in which he [*179] was placed at Bourdeaux, could be reasonably required than what appears to have been done. He could not sell without a purchaser, and considering his double capacity of master and consignee, of which the plaintiff was fully apprised, he was not obliged to wait an indefinite period to effect a sale. He would no doubt have been…
2Cases cited3 opinions
- Liotard v. GravesNew York Supreme Court · 1805
- Judson v. SturgesSupreme Court of Connecticut · 1813
- Drummond v. WoodNew York Supreme Court · 1805
3Cited by3 opinions
- Myers v. AdlerMissouri Court of Appeals · 1915
- Shepard v. DavisAppellate Division of the Supreme Court of the State of New York · 1899
- Stone v. WaittSupreme Judicial Court of Maine · 1850