Rogers v. . Wheeler
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the third judicial department, affirming an order of the Special Term sustaining a demurrer by the plaintiffs to the fifth and sixth answers of the defendants.
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Appeal from a judgment of the General Term of the Supreme Court, in the third judicial department, affirming an order of the Special Term sustaining a demurrer by the plaintiffs to the fifth and sixth answers of the defendants. The complaint was for the recovery of a large quantity of grain belonging to plaintiffs, received for transportation over the Rorthern railroad, which was burned in the Ogdensburgh depot, and for which the complaint alleged the defendants were liable as common carriers. The following are the fifth and sixth answers of the defendants, which were demurred to by the…
1Opinion of the Court
By the Court—Peckham, J.
The defendants were trustees for the second mortgage bondholders of the Northern Railroad Company, and the bonds not being paid they foreclosed the same by suit in the Supreme Court, and by permission of the court, as declared in the decree, purchased in the property mortgaged and proceeded to operate the road, receiving the income and paying the expenses, etc, thereof. They held subject to the rights of the first bondholders. While so engaged they became liable to the plaintiffs, as they insist, for the loss of grain which the defendants undertook, as is alleged, to…
2Cases cited3 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Parker v. BrowningNew York Court of Chancery · 1840
3Cited by7 opinions
- Kain v. . SmithNew York Court of Appeals · 1880
- Metz v. Buffalo, Corry & Pittsburgh RailroadNew York Court of Appeals · 1874
- Coit v. . StewartNew York Court of Appeals · 1872
- Echols v. Seaboard Air Line Railway Co.Supreme Court of South Carolina · 1935
- Norling v. AlleeNew York City Court · 1891
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