Richards v. Westcott
The Superior Court of New York City
This action comes before the General Term upon a general verdict for the plaintiff, taken, as the case states, “subject to the opinion of the Courtaccompanied by the answers of the jury to specific questions submitted to them. The action was tried on the 11th day of February, 1857, before Mr. Justice Slosson and a jury. Fo question arose on the pleadings, except the question of variance.
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This action comes before the General Term upon a general verdict for the plaintiff, taken, as the case states, “subject to the opinion of the Courtaccompanied by the answers of the jury to specific questions submitted to them. The action was tried on the 11th day of February, 1857, before Mr. Justice Slosson and a jury. Fo question arose on the pleadings, except the question of variance. The complaint was as follows:—“ The complaint of the plaintiff respectfully shows, that the defendants, on the 7th day of Fovember, a.d. 1855,were common carriers of goods and chattels, for hire; that, as he…
1Opinion of the CourtBy the Court. Woodruff, J.
The objection that the variance between the allegations and the proof precludes a recovery, was properly overruled. The complaint states that the defendants are common carriers generally, without specifying any particular route, or between what places they are pursuing their business ; and then avers that the plaintiff caused the trunk containing the property in question to be delivered to them at Brooklyn, to be conveyed by them from Brooklyn to Buffalo, and that they accepted it, and promised to convey and deliver the same: but not regarding their duty as common carriers, they so…
2Cases cited1 opinion
- Orange County Bank v. BrownNew York Supreme Court · 1832
3Cited by13 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1910
- Jackson Architectural Iron Works v. HurlbutNew York Court of Common Pleas · 1895
- Wilkins v. EarleThe Superior Court of New York City · 1865
- Curtiss v. MarshallThe Superior Court of New York City · 1861
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