Legal Opinion

Gott v. Dinsmore

Massachusetts Supreme Judicial Court

Decided November 15, 1872PublishedCited by 24 opinions

Contract against William B. Dinsmore, E. S. Sanford and S. M. Schumaker, “ doing business at Boston, as a partnership or joint stock association, under the name and style of the ‘ Adams Express Company.’ ” The declaration alleged that the defendants were common carriers between Boston, New York and Savannah, that they received from the plaintiff at Savannah a trunk containing clothing, which they agreed to transport and deliver at Boston ; that when the trunk was delivered…

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Contract against William B. Dinsmore, E. S. Sanford and S. M. Schumaker, “ doing business at Boston, as a partnership or joint stock association, under the name and style of the ‘ Adams Express Company.’ ” The declaration alleged that the defendants were common carriers between Boston, New York and Savannah, that they received from the plaintiff at Savannah a trunk containing clothing, which they agreed to transport and deliver at Boston ; that when the trunk was delivered by them to the plaintiff, it had been broken open and part of the clothing was gone ; and that the loss and damage were…

1Opinion of the CourtColt, J.

1. There is evidence in the case to go to the jury, which would warrant a finding that the defendants, with others *51not named, were partners, doing business at the time of the alleged bailment, as common carriers between Boston, New York and Savannah, under the name of the Adams Express Company, a joint stock association formed under the laws of New York. The statutes of that state, it is true, provide, in relation to actions against such companies, that suits shall be prosecuted, in the first instance, against the officers of the association only. N. Y. Sts. 1849, c. 258, §§ 4, 5 ; 1853, c.…

2Cases cited3 opinions

  1. Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
  2. Allen v. SewallNew York Supreme Court · 1829
  3. Taft v. WardMassachusetts Supreme Judicial Court · 1871

3Cited by24 opinions

  1. Commonwealth v. HullMassachusetts Supreme Judicial Court · 1937
  2. Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
  3. Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
  4. Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. ClosserIndiana Supreme Court · 1890
  5. Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891

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