Hyland v. Paul
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The complaint alleged that the defendants, on the 1st day of December, 1855, entered into an agreement with the plaintiff to lease or rent of him a quantity of household furniture, from the 1st day of December, 1855, to the 1st day of April, 1857; that the defendants took possession of said furniture and continued to use the same until the 4fch day of April, 1859, at which time the defendants surrendered a portion…
Read the full summary
APPEAL from a judgment entered upon the report of a referee. The complaint alleged that the defendants, on the 1st day of December, 1855, entered into an agreement with the plaintiff to lease or rent of him a quantity of household furniture, from the 1st day of December, 1855, to the 1st day of April, 1857; that the defendants took possession of said furniture and continued to use the same until the 4fch day of April, 1859, at which time the defendants surrendered a portion of said furniture, but neglected to surrender the balance; that the defendants paid $60.50 on said -agreement on the…
1Opinion of the Court
By the Court,
Knox, J.
The defendants were bailees for hire, of the articles of furniture . described in the complaint ;- and were - responsible upon principles applicable to that spebies of bailment. They had the right therefore to show-as- an excuse for not returning the property, that it was destroyed by fire,.while in the house mentioned in the agreement, without any fault on the part of the defendants, unless the provision that they were “to surrender the property-in as good a condition as reasonable use and wear thereof would permit,” is to be considered as creating and imposing a .duty…
2Cited by8 opinions
- Young v. . LearyNew York Court of Appeals · 1892
- Bowler v. AhloHawaii Supreme Court · 1898
- Moore v. Sun Printing & Publishing Ass'nCourt of Appeals for the Second Circuit · 1900
- Whitehead v. VanderbiltNew York Court of Common Pleas · 1881
- Davis v. Lampert Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
3 more not listed; retrieve them via the Exa API.