Legal Opinion

Hamilton v. Nickerson

Massachusetts Supreme Judicial Court

Decided November 15, 1865PublishedCited by 1 opinion

Tort to recover for the conversion of ten barrels of zinc paint. At the trial in the superior court, before Morion, J., it appeared that the plaintiff, being a common carrier by water, received the zinc paint on board his schooner at New York, to be transported to Boston, and safely and with all reasonable despatch conveyed it to Boston, where, upon his arrival, not being able to find the consignee, and after making every effort in his power to find him, he placed the goods…

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Tort to recover for the conversion of ten barrels of zinc paint. At the trial in the superior court, before Morion, J., it appeared that the plaintiff, being a common carrier by water, received the zinc paint on board his schooner at New York, to be transported to Boston, and safely and with all reasonable despatch conveyed it to Boston, where, upon his arrival, not being able to find the consignee, and after making every effort in his power to find him, he placed the goods in store with the defendant, who was and is a responsible person in that business in Boston, as storehouse keeper, for…

1Opinion of the CourtHoar, J.

There is no doubt that a common carrier is bound, not only for the safe carriage of the goods intrusted to him, but for their delivery to the owner or consignee, according to the usual course of business and the nature of his contract. Nor do we suppose that it can be questioned that the carrier is entitled to the possession of the goods until he has discharged himself of his obligation in that capacity. What facts amount to a delivery, so as to discharge the carrier, where an actual delivery to the consignee or owner becomes impracticable, or is not required by the nature of the…

2Cases cited1 opinion

  1. Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by1 opinion

  1. Manhattan Rubber Shoe Co. v. Chicago, Burlington & Quincy RailroadAppellate Division of the Supreme Court of the State of New York · 1896

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