Newstadt v. Adams
The Superior Court of New York City
This action was tried before Oh. J. Oakley, and a jury, on the 19th of March, 1856. . A verdict was taken for the plaintiff by direction of the Judge, for the sum of $175, subject to the opinion of the court, at general term, upon a case, with power to the court to reduce the verdict to $150, should it think proper. The defendants were partners, carrying on the express and forwarding business between New York and Philadelphia.
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This action was tried before Oh. J. Oakley, and a jury, on the 19th of March, 1856. . A verdict was taken for the plaintiff by direction of the Judge, for the sum of $175, subject to the opinion of the court, at general term, upon a case, with power to the court to reduce the verdict to $150, should it think proper. The defendants were partners, carrying on the express and forwarding business between New York and Philadelphia. The complaint alleges that on the 10th of December, 1854, a box was delivered to the agent of the defendants, at their office, No. 59 Broadway, in New York, to be…
1Opinion of the CourtBy the Court. Bosworth, J.
The complaint states, and the answer does not deny, and therefore admits, that the defendants were partners, and as such, were “ carrying on the express and forwarding business between the cities of New York and Philadelphia.” They were common carriers.
When they took goods in the ordinary course of their business, to be carried from one of those cities to the other, in the absence of any special contract, the implication of law would be, that the defendants were to be paid the usual and customary compensation.
If the defendants received the goods and undertook to carry them, although they were…
2Cited by8 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- United States Express Co. v. RushIndiana Supreme Court · 1865
- Lienan v. DinsmoreNew York Court of Common Pleas · 1871
- Magnin v. DinsmoreNew York Court of Appeals · 1874
- Blakely v. JacobsonThe Superior Court of New York City · 1861
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