Savage v. Perkins
New York Supreme Court
Motion by plaintiffs for a new trial on a bill of exceptions. The action was for the recovery of personal property, and was tried at the Erie circuit in January, 1855. On the trial it appeared that the plaintiffs, being forwarders of goods on the Erie canal, from Albany to Buffalo, and having an office for the transaction of their business at both places, shipped at Albany, on board of a canal boat owned and navigated by the defendant, on his own account, the property in…
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Motion by plaintiffs for a new trial on a bill of exceptions. The action was for the recovery of personal property, and was tried at the Erie circuit in January, 1855. On the trial it appeared that the plaintiffs, being forwarders of goods on the Erie canal, from Albany to Buffalo, and having an office for the transaction of their business at both places, shipped at Albany, on board of a canal boat owned and navigated by the defendant, on his own account, the property in .question, consigning it to themselves in Buffalo. The property was charged with $133.37 freight, payable to the defendant…
1Opinion of the Court
Bowen, Justice.
By the court
The only question made on the argument was upon t^e exception to the last part of the charge. The plaintiffs’ counsel claimed that if, by reason of the refusal of the defendant to deliver the property to the plaintiffs, after an offer to pay the defendant the amount of his lien thereon for the freight, a right of action had accrued to recover the possession of the property, such right of action was not divested by a subsequent unconditional offer by the defendant, before suit brought, to deliver the property; and in support of his position he cited Hanmer agt.…
2Cases cited2 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Murray v. BurlingNew York Supreme Court · 1813
3Cited by2 opinions
- Kennedy & Co. v. ClaytonSupreme Court of Arkansas · 1874
- McNamara v. EisenleffThe Superior Court of New York City · 1872