Valentine v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin E. Valentine, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 5th day of March, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Nassau Trial Term.
1Opinion of the Court
Jenks, J.:
The defendant is a common carrier sued for conversion. It pleaded title to the goods, and a verdict was directed in its favor. The question is whether such plea was available in defense. The *420rule that a bailee cannot plead jus tertii against his bailor applies .generally to common carriers. (Story Bail. § 582; The Idaho, 93 U. S. 575.) Many authorities state as a reason for the application of the rule that by such a plea the bailee might keep property for himself. Hence the authorities even most favorable to the bailee require that he must defend “ upon the right and title and by…
2Cases cited12 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1810
- Bates v. StantonThe Superior Court of New York City · 1852
- Rawley v. . BrownNew York Court of Appeals · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Terry v. Pennsylvania RailroadSuperior Court of Delaware · 1931
- Eytinge & Co. v. Atlantic Transport Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Canadian Co-Op. Wheat Producers, Ltd. v. Murphy & Hoffman, Inc.District Court, W.D. New York · 1931
- Perkins v. Chautauqua Traction Co., New York County Courts1912