Crosby v. President of Delaware & Hudson Canal Co.
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Abel A. Crosby and others against the president, managers, and company of the Delaware & Hudson Canal Company, for damages for the alleged wrongful taking by the defendant of a quantity of lumber, which G. & S. Harnden had sold the plaintiffs, in part payment of a past indebtedness. The defendant had furnished the lumber to the Harndens to be used in building two canal-boats for the defendant.
Read the full summary
Appeal from circuit court, Ulster county. Action by Abel A. Crosby and others against the president, managers, and company of the Delaware & Hudson Canal Company, for damages for the alleged wrongful taking by the defendant of a quantity of lumber, which G. & S. Harnden had sold the plaintiffs, in part payment of a past indebtedness. The defendant had furnished the lumber to the Harndens to be used in building two canal-boats for the defendant. The main question is whether the Harndens were the vendees or bailees of the lumber. The Harndens were boat-builders at Aligerville, on the line of…
1Opinion of the CourtLandon, J.
The court of appeals, reviewing this case as it appeared upon a former trial, held that it was a question for the jury whether the transaction was a bailment or a sale. 119 N. Y. 334, 23 N. E. Rep. 736. The case now presents the same facts which the court of appeals commented upon, some as indicating a bailment, others as indicating a sale. There are a few additional facts, but some tend to support the one conclusion, and others the other. We discover no error in the rulings of the trial court to the prejudice of the defendant. Judgment affirmed, with costs. All concur.
2Cases cited1 opinion
- Crosby v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890