Price v. . Oswego and Syracuse R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 58 Barb., 599.) The action was brought against defendant as common carrier to recover the value of three bales of hags shipped by plaintiff at Syracuse, consigned to S. H. Wilson & Co., Oswego. The facts are stated sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 58 Barb., 599.) The action was brought against defendant as common carrier to recover the value of three bales of hags shipped by plaintiff at Syracuse, consigned to S. H. Wilson & Co., Oswego. The facts are stated sufficiently in the opinion. Defendant was guilty of negligence in delivering the goods to an unknown person without requiring the customary evidence of his identity. (Stevenson v. Hart, 4…
1Opinion of the CourtGrover, J.
The referee found as a conclusion of law, from the facts found, that the defendant having delivered the bags to the person who made the order for them (although in the name of a fictitious firm) without notice of the fraud, was not liable to the plaintiff therefor. To this conclusion the appellant excepted. The counsel for the respondent insists that if the legal conclusion is not sustained by the facts found, the court will assume that he found such additional facts as were necessary for that purpose. This position is correct, subject, however, to the qualification that it must appear from…
2Cases cited5 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Powell v. MyersNew York Supreme Court · 1841
- McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
3Cited by28 opinions
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- International Aircraft Trading Co. v. Manufacturers Trust Co.New York Court of Appeals · 1948
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
- Missouri Pacific Railway Co. v. HeidenheimerTexas Supreme Court · 1891
- Samuel v. CheneyMassachusetts Supreme Judicial Court · 1883
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