Cooper v. Hong Kong & Shanghai Banking Corp.
New York Court of Appeals
Appeal from that portion of a judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, entered upon an order made May 28, 1885, which modified and affirmed as modified a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 13 Daly, 183.) The nature of the action and the material facts are set fortb in the opinion.
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Appeal from that portion of a judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, entered upon an order made May 28, 1885, which modified and affirmed as modified a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 13 Daly, 183.) The nature of the action and the material facts are set fortb in the opinion. The plaintiff, as the baileeof the defendant, had a hen upon the goods paramount to any claim of the latter. (Dows v. Greene, 24 N. Y. 638; Smith v. Smith, 2 Strange, 955 ; 2 Kent’s Com. 440, 558; 2…
1Opinion of the CourtPeckham, J.
The plaintiff in this action obtained judgment against the defendant for $17,371.81 damages and costs, which judgment was entered upon the report of a referee. The defendant appealed from that judgment to the General Term of the Coimnon Pleas of the city of Hew York, and that court, modified the judgment by deducting therefrom $15,977.41, leaving but $1,394.40 in favor of the plaintiff. From the-judgment so modified the plaintiff has appealed to this court.
The referee found the following among other facts: The plaintiff is a general commission merchant in the city of Hew York, and the…
2Cited by2 opinions
- Hong Kong & Shanghai Banking Corp. v. CooperNew York Court of Appeals · 1889
- McCabe v. EversCity of New York Municipal Court · 1890