Smith v. Dinsmore
New York Court of Common Pleas
Appeal from a judgment of the district court in the city of New York for the first judicial district. The action was brought to recover the value of goods delivered by the plaintiff to the defendants as carriers, and wh ch the defendants had 'not delivered to the consignees nor returned to the plaintiff. The facts are stated in the opinion. Upon the trial in the district court, the justice rendered judgment for the plaintiff.
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Appeal from a judgment of the district court in the city of New York for the first judicial district. The action was brought to recover the value of goods delivered by the plaintiff to the defendants as carriers, and wh ch the defendants had 'not delivered to the consignees nor returned to the plaintiff. The facts are stated in the opinion. Upon the trial in the district court, the justice rendered judgment for the plaintiff. From the judgment the defendants appealed to this court.
1Opinion of the Court
Charles B. Daly, Chief Justice.
Where there is a total default on the part of the carrier, to deliver the goods, and upon demand, he neither delivers them, nor accounts for his failure to do so, an action will lie for a conversion, if brought within six years from the time of the demand, which was the case here (Platt v. Hibbard, 7 Cow. 500 ; Anon., Salk. 655 ; Claflin v. Meyer, 75 N. Y. 263; Boughton v. Flint, 74 N. Y. 481, 482; Roberts v. Berdell, 52 N. Y. 644).
The defendants agreed, not only to carry the respective parcels delivered to them by the plaintiff, for that purpose, but also, to…
2Cases cited5 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Boughton v. . FlintNew York Court of Appeals · 1878
- Dickerson v. . WasonNew York Court of Appeals · 1872
- Bumstead v. . the Dividend Mutual Insurance Co.New York Court of Appeals · 1854
- Roberts v. . BerdellNew York Court of Appeals · 1873
3Cited by6 opinions
- American Grocery Co. v. Staten Island Rapid Transit RailroadAppellate Terms of the Supreme Court of New York · 1898
- Hirshberg v. DinsmoreNew York Court of Common Pleas · 1884
- Ghormley v. DinsmoreThe Superior Court of New York City · 1885
- Hirschberg v. DinsmoreNew York Court of Common Pleas · 1884
- Marrus v. New Haven Steamboat Co.Appellate Terms of the Supreme Court of New York · 1900
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