Sutherland v. Albany Cold Storage & Warehouse Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1900, affirming a judgment in favor of defendant entered upon the report of a referee. The report of the referee contains specific findings of fact and conclusions of law in separate paragraphs, but are not separately numbered or the conclusions specifically stated as such as they should have been.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1900, affirming a judgment in favor of defendant entered upon the report of a referee. The report of the referee contains specific findings of fact and conclusions of law in separate paragraphs, but are not separately numbered or the conclusions specifically stated as such as they should have been. The findings are as follows: “ That at all the times hereinafter mentioned the plaintiffs were copartners in trade doing business at the city of Albany, hi. Y., under the…
1Opinion of the CourtHaight, J.
The defendant, being engaged in the keeping of a cold storage warehouse for the preservation of eggs and other perishable property, in the absence of an express contract, impliedly undertook to maintain the necessary temperature required for the preservation of such property as should be stored with it by its customers. The required temperature for the preservation of eggs is about thirty-eight degrees Fahrenheit. This was the temperature in the warehouse at the time the plaintiffs placed their eggs therein. This temperature was maintained until about the first of September, when by reason of…
2Cited by5 opinions
- Brace v. Salem Cold Storage, Inc.West Virginia Supreme Court · 1961
- Buffalo Grain Co. v. . SowerbyNew York Court of Appeals · 1909
- Dupont v. Joedon & Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Herzig v. New York Cold Storage Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Antoni Ravioli & Baking Co. v. Freeze Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1956