Boggs v. Martin
Court of Appeals of Kentucky
ERROR TO THE JEFFERSON CIRCUIT. Replevin.- Case 23. andas?ud*afcea£' 0f the circuit court. Questions presented for decision. 1. By the inodern doctrine, in many cases, a defendant sued for the jbrice of goods, or for work to' he performed, even where a éerláin price is ágreed upon, ihay show the' insufficiency of the goods, or dn imperfect perforrhán'cé of the' ftorh, to reducé’ the amount of Recovery.
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ERROR TO THE JEFFERSON CIRCUIT. Replevin.- Case 23. andas?ud*afcea£' 0f the circuit court. Questions presented for decision. 1. By the inodern doctrine, in many cases, a defendant sued for the jbrice of goods, or for work to' he performed, even where a éerláin price is ágreed upon, ihay show the' insufficiency of the goods, or dn imperfect perforrhán'cé of the' ftorh, to reducé’ the amount of Recovery. (Culver v. Blake Go. 6 B; Monroe, 526.) 2. Where a carrier, by his undertakiag-, agreeg to carry and deliver in good order, and the goods ¿O’ be conveyed shall be damaged, the consignee may…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
This action of replevin- was brought by Martin against Boggs & Russell for ninety-three barrels of pitch and rosin.
The property sued for was shipped at New Orleans on the steamboat Cincinnatus, to be delivered at the port of Louisville, to the plaintiff, he paying fright for the same at the rate of thirty-seven cents per barrel.
The defendants in the action were the agents of the steamboat, and upon her arrival at Louisville, the rosin and pitch (,of which- there were altogether one hundred barrels,) were unloaded and-placed upon the wharf under…
2Cases cited1 opinion
- Griswold v. New-York InsuranceNew York Supreme Court · 1808
3Cited by1 opinion
- Thomas v. Frankfort & Cincinnati Ry. Co.Court of Appeals of Kentucky · 1903