Foy v. Troy & Boston Rail Road
New York Supreme Court
THIS was an appeal from a judgment of the Bensselaer county court, affirming a judgment of the Troy justice’s court. The plaintiff alleged in his complaint, that the defendants were common carriers, and, as such, on or about the 1st day of February, 1853, by their agents, contracted with one Patrick F.oy to safely carry a certain wagon then belonging to said Patrick Foy from Troy to Burlington; that the wagon was placed on the defendants’ cars and consigned to A. MeOan, of…
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THIS was an appeal from a judgment of the Bensselaer county court, affirming a judgment of the Troy justice’s court. The plaintiff alleged in his complaint, that the defendants were common carriers, and, as such, on or about the 1st day of February, 1853, by their agents, contracted with one Patrick F.oy to safely carry a certain wagon then belonging to said Patrick Foy from Troy to Burlington; that the wagon was placed on the defendants’ cars and consigned to A. MeOan, of Burlington, but that the defendants did not safely convey the wagon, but the same was broken and became worthless while…
1Opinion of the Court
By the Court, Harris, J.
At the time this cause was decided in the courts below, there was a conflict of opinion in this court upon the question whether a cause of action for an injury to personal property was assignable, so as to vest in the assignee a right of action. It is probable that the justice’s court maintained the negative of this question and granted the motion for a nonsuit upon that ground, and that the county court concurred in that view. But that question has since been settled by the decision of the court of appeals in McKee v. Judd, (2 Kern. 622.) The doctrine of that case is,…
2Cited by14 opinions
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- Shultz v. ChristmanMissouri Court of Appeals · 1878
- Taylor, Cleveland & Co. v. Little Rock, Mississippi River & Texas RailroadSupreme Court of Arkansas · 1877
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