Lester v. Delaware, Lackawanna & Western Railroad
New York Supreme Court
Appeal from circuit court, Oswego county. Action by David P. Lester against the Delaware, Lackawanna & Western Railroad Company. From a judgment in favor of plaintiff for 105.75 and costs, entered on a trial by the court without a jury, defendant appeals. This action is brought for the conversion of a quantity of personal property.
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Appeal from circuit court, Oswego county. Action by David P. Lester against the Delaware, Lackawanna & Western Railroad Company. From a judgment in favor of plaintiff for 105.75 and costs, entered on a trial by the court without a jury, defendant appeals. This action is brought for the conversion of a quantity of personal property. In the complaint it is alleged that the defendant is a common carrier, and that as such, in December, 1889, it received into its possession a quantity of goods, consisting of about 41 sets of “Norcross governors and fixtures,” the property of the plaintiff, to be…
1Opinion of the CourtMerwin, J.
On the 1st day of November, 1889, the plaintiff and one P. O’Donnell entered into a written agreement under seal, as follows:
“This agreement, made this 1st day of November, 1889, between D. P. Lester, of Oswego, N. Y., of the first part, and P. O’Donnell, of the same place, party of the second part, witnesseth, that the party of the second part hereby agrees to sell for the party of the first part, for such length of time as shall be mutually agreeable, a furnace attachment known as ‘Norcross Furnace Governor,’ and fixtures, acting as the agent for party of the first part to the extent and in…
2Cases cited1 opinion
- Rogers v. . WeirNew York Court of Appeals · 1866
3Cited by1 opinion
- Lester v. Delaware, L. & W. RailroadNew York Supreme Court · 1895