Green v. Clarke
New York Court of Appeals
Action commenced in the supreme court in 1841. The declaration contained two counts; the one alleging that the defendants Clarke, Redfield & Buckley were common carriers of goods from Oswego to Lower Sandusky, by a vessel called the Hercules, and that Oreen, the plaintiff, in July, 1836, at Oswego, delivered to them on board this vessel six hundred and twenty-five barrels of salt, to be transported to and delivered at Lower Sandusky for a reasonable reward therefor, and that…
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Action commenced in the supreme court in 1841. The declaration contained two counts; the one alleging that the defendants Clarke, Redfield & Buckley were common carriers of goods from Oswego to Lower Sandusky, by a vessel called the Hercules, and that Oreen, the plaintiff, in July, 1836, at Oswego, delivered to them on board this vessel six hundred and twenty-five barrels of salt, to be transported to and delivered at Lower Sandusky for a reasonable reward therefor, and that the defendants, not regarding their duty, did not deliver the salt at Lower Sandusky, but so negligently conducted…
1Opinion of the CourtMarvin, J.
The action by Richmond and others against Clarke, tried in 1839, was properly brought by them as plaintiffs. They were the owners of the salt, and as such had a right of action in case for the carelessness, negligence and misconduct of the carriers, by means of which it was lost, or in trover for any conversion of it by the earners. If goods are lost or damaged by the carrier, the *347party to sue for such loss or damage is he in whom the legal property in the goods was vested. (Dawes v. Peck, 8 T. R., 330; Brown on Actions at Law, 200; 1 Chitty's Pleadings, 6.)
I am not aware that it has ever…
2Cases cited3 opinions
- Gallup v. ReynoldsSupreme Court of Pennsylvania · 1839
- Sanderson v. LambertonSupreme Court of Pennsylvania · 1813
- Griffith v. IngledewSupreme Court of Pennsylvania · 1821