Day, Catlin & Co. v. Ridley
Supreme Court of Vermont
Trespass on the case against the defendants, as common car* tiers on Lake Champlain. The plaintiffs offered in evidence the following receipt: “ Received, Burlington, 2d Nov. 1836, of Hickok &, Catlin, ninety five tierces oil meal, one firkin butter marked J. M. Catlin, one box merchandize, and ten barrels apples marked J. Tracy, Troy, to be delivered to White, Baker & Merrill, Troy.
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Trespass on the case against the defendants, as common car* tiers on Lake Champlain. The plaintiffs offered in evidence the following receipt: “ Received, Burlington, 2d Nov. 1836, of Hickok &, Catlin, ninety five tierces oil meal, one firkin butter marked J. M. Catlin, one box merchandize, and ten barrels apples marked J. Tracy, Troy, to be delivered to White, Baker & Merrill, Troy. (Signed) Samuel 'Ridleyand accompanied the same by parol evidence that the oil meal, specified in said receipt, was the property of the plaintiffs, and that Hickok & Catlin, who were two of the plaintiffs, were…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
It was decided, when this case was before us two years since, that the plaintiffs could maintain this action. The receipt was a part of the case then, and a new trial would not have been awarded if we had considered that the present plaintiffs were precluded from maintaining this action in consequence of the receipt. The receipt was evidence of the delivery of the property to the defendants, and that they received it as common carriers.
The principal question in the case, at this time, arises on the charge of the court, that, as to the…
2Cited by4 opinions
- Brintnall v. Saratoga & Whitehall RailroadSupreme Court of Vermont · 1860
- Mann v. BirchardSupreme Court of Vermont · 1867
- Bander v. BanderNew York Supreme Court · 1849
- Haglin-Stahr Co. v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1918