Dean v. . Driggs
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 19, 1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages brought by plaintiffs as transferees of two warehouse receipts issued by defendant.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 19, 1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages brought by plaintiffs as transferees of two warehouse receipts issued by defendant. The plaintiffs are brokers in the city of New York, and the defendant a warehousman in that city. The defendant on the 28th of March, 1885, issued to one Max Von Angern two Avarehouse receipts similar in…
1Opinion of the CourtPeckham, J.
The question in this case is as to the meaning of the receipt issued by the defendant. Does it mean that the warehouseman acknowledges and asserts the fact that the merchandise delivered to him and consisting of twenty-five hundred barrels does in truth contain the genuine article, Portland cement, or does it mean that the warehouseman has received that number of barrels bearing the usual appearance of barrels in which Portland cement is packed and with the usual marks and signs thereon, and represented to him to be Portland cement, and which he in good faith supposes to be that article ?
The…
2Cases cited5 opinions
- Meyer v. . PeckNew York Court of Appeals · 1863
- Dows v. . PerrinNew York Court of Appeals · 1857
- Hale v. Milwaukee Dock Co.Wisconsin Supreme Court · 1872
- Warden v. GreerSupreme Court of Pennsylvania · 1837
- Hale v. Milwaukee Dock Co.Wisconsin Supreme Court · 1868
3Cited by7 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- First Trust & Savings Bank of Zanesville, Ohio v. Fidelity-Philadelphia Trust CoCourt of Appeals for the First Circuit · 1954
- Driggs v. . DeanNew York Court of Appeals · 1901
- Fletcher v. Great Western Elevator Co.South Dakota Supreme Court · 1900
- Alabama Great Southern Ry. Co. v. Commonwealth Cotton Manufacturing Co.Supreme Court of Alabama · 1906
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