Platt v. Hibbard
New York Supreme Court
OASE; tried at the Olinton circuit, January, 1827, before WADwoRTU, 0. Judge. *The declaration contained a count in trover, and three special counts; one charging the defendants, as common carriers; and that as such, they received certain pot-ashes and corn to be transported to St. Johns; another, as storing and forwarding merchants, receiving the goods to be stored and forwarded; and another, as keepers of a public store-house, and as receiving the goods to be safely kept…
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OASE; tried at the Olinton circuit, January, 1827, before WADwoRTU, 0. Judge. *The declaration contained a count in trover, and three special counts; one charging the defendants, as common carriers; and that as such, they received certain pot-ashes and corn to be transported to St. Johns; another, as storing and forwarding merchants, receiving the goods to be stored and forwarded; and another, as keepers of a public store-house, and as receiving the goods to be safely kept and stored. On the trial, the defendants admitted that they received of the plaintiffs, at the defendant’s store-house in…
1Opinion of the Court
*[Sutberland, J.
But there is another difficulty in this case. Though the defendants had a wharf, it does not necessarily follow that they were wharfingers in respect to the goods in question. They had a store upon the wharf *504*in which the goods were deposited, not as a wharf, but a store. It seems to me the defendants are to be considered as warehousemen. Ho duty as wharfingers had attached ■ to them.]
*505*[Woodworth, J. It cannot be that these defendants were liable as wharfingers; and it, therefore, becomes unnecessary to consider the distinction which you urge. Your argument goes to make every…
2Cited by11 opinions
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- The TiltonU.S. Circuit Court for the District of Massachusetts · 1830
- Angle v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
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