Brown v. Denison
New York Supreme Court
Motion to set aside a report of referees. The defendants are merchants residing at Sackett’s Harbor, and engaged in the transportation of property on Lake Ontario, but are not carriers by land, nor upon the canal. In the years 1825 and 1826, the plaintiff deposited with them 1461 barrels of flour, , , which were received subject to the plaintiff’s order, and were subsequently directed by him to be forwarded to Albany and New-York.
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Motion to set aside a report of referees. The defendants are merchants residing at Sackett’s Harbor, and engaged in the transportation of property on Lake Ontario, but are not carriers by land, nor upon the canal. In the years 1825 and 1826, the plaintiff deposited with them 1461 barrels of flour, , , which were received subject to the plaintiff’s order, and were subsequently directed by him to be forwarded to Albany and New-York. The plaintiff admitted that the whole quantity, except 236 barrels, had been accounted for. The defendants proved that they had forwarded the whole quantity,…
1Opinion of the Court
By the Court, Savage, Ch. J.
The main question in the case is, whether the defendants are liable in this action for the safe transportation of the flour after it went out of their possession. I am of opinion, that simply as depositories or forwarders, they are not liable, having used ordinary diligence in forwarding the property by responsible persons. It appeared that the defendants were allowed for the storage of the whole quantity of flour delivered to them; and it also appeared that it was their custom to deliver the property to the forwarders subject to charges, and that such was the fact…
2Cited by9 opinions
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Robinson's Admr's v. AllisonSupreme Court of Alabama · 1860
- Schroyer v. LynchSupreme Court of Pennsylvania · 1839
- Francis v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1868
- State, for Use of Altorfer Bros. Co. v. DalrympleSupreme Court of Minnesota · 1949
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