Gass v. Southern Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Southern Pacific Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the' office of the clerk of the county of Kings on the 2d day of March, 1909, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Hirschberg, J.:
The defendant, a common carrier, appeals from a judgment awarding the plaintiff damages for. the alleged conversion of certain lumber. The material facts were not disputed. It appeared that about February 1, 1905, the International Mahogany Company agreed to sell and to deliver to the plaintiff, free on board defendant’s dock in the city of New York, certain lumber for the sum of $27 per 1,000 feet, including freight charges to that city, which were to be paid by plaintiff in cash. March 2, 1905, the International Mahogany Company, in order to comply with its contract, made a…
2Cases cited2 opinions
- Harris v. HartThe Superior Court of New York City · 1857
- Gass v. Astoria Veneer MillsAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Buss v. Long Island Storage Warehouse Co.Court of Appeals for the Second Circuit · 1933