Hoyt v. Baker
New York Supreme Court
Jesse Hoyt, Leonard Hazeltine, Jr., and.Theodore J. Husted, sued Gorham F. Baker and others, to recover the possession of a cargo of corn, and damages for its detention.
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Jesse Hoyt, Leonard Hazeltine, Jr., and.Theodore J. Husted, sued Gorham F. Baker and others, to recover the possession of a cargo of corn, and damages for its detention. The defendants were ;—Gorham P. Baker and Gilbert Montague, warehousemen in the city of Brooklyn; Abiel Akin and Lloyd I). Pierce, merchants, who had contracted with plaintiffs for the purchase of the cargo, and had received the warehouse receipt therefor; and Henry J. Cammann and William H. Morrison, commission merchants, to whom Akin <& Co. had indorsed the warehouse receipt, and who had made advances to Akin & Co. thereon.…
1Opinion of the CourtTappan, J.
In October, 1868, the plaintiffs agreed to sell the defendants Akin & Co., a cargo of corn per boat Toronto., Mr. Hazeltine, one of the plaintiffs, testifies: "I told Akin I would sell him this load of corn at one dollar and fourteen cents, he to pay demurrage, if boat not unloaded that day. I asked him where I should send the boat to have it unloaded ; he said to Baker & Montague’s store.”
Akin took the sample-box containing the corn, and the plaintiffs sent the boat and cargo, as directed by the buyers, to the warehouse of the other defendants, tinker & Montague, to have the corn discharged.…
2Cases cited6 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Bassett v. . SpoffordNew York Court of Appeals · 1871
- Rawls v. DeshlerNew York Court of Appeals · 1867
- Ballard v. BurgettNew York Supreme Court · 1866
- Dudley v. HawleyNew York Supreme Court · 1863
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