Hazeltine v. . Weld
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon the report of a referee. This action was brought to foreclose a lien, claimed by plaintiffs as warehousemen, under chapter 738, Laws of. 1868/ The property in question was a quantity of Brazil wood, which was stored by defendants, who composed the firm of Weld & Co., in a public warehouse, known as “ Kelsey’s-stores,” they receiving therefor the folio-wing receipt: “ Brooklyn, January 24, 1871. “ Received from Messrs. Wm. F. Weld & Co., in store No. 4 (Kelsey’s),…
1Opinion of the CourtAndrews, J.
The storage receipt, given by Jackson & Underhill to Weld & Co., contained no express agreement us to the time during which the Brazil-wood was to remain in store. The storage was by the terms of the receipt to be ut the rate of twelve and a-half cents a ton per month, and from this circumstance the referee held that the contract of .storage was terminable by Jackson & Underhill at the end of any month. There is no exception to this finding, and it must on this appeal be taken as giving the true construction of the contract.
The plaintiffs on the 1st day of May, 1872, entered into possession…
2Cases cited2 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Despard v. . WalbridgeNew York Court of Appeals · 1857
3Cited by7 opinions
- Lamson Con. Store-Service Co. v. WeilNew York Court of Common Pleas · 1890
- Garcia & Diaz, Inc. v. Trans World Refining Corp.New York Supreme Court · 1960
- Landon v. Kansas City Gas Co.District Court, D. Kansas · 1924
- Sadlier v. RiggsNew York Court of Common Pleas · 1890
- Dreyfuss v. FosterCity of New York Municipal Court · 1888
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