Ostrander v. Brown & Stafford
New York Supreme Court
IN error to the mayor’s court of the city of Albany. This was an action of trover for a box of tea, brought by the defendants in error against the plaintiff in error.
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IN error to the mayor’s court of the city of Albany. This was an action of trover for a box of tea, brought by the defendants in error against the plaintiff in error. At the trial before the recorder of Albany, in September, 1816, the plaintiffs below proved that, in the spring of 1815, they shipped, with a number of other articles, on board the sloop George, of which the defendant below was master, two chests of tea, - to he carried to Albany, and delivered to Mounsey and Olmstead of that city; and it was testified by Hyde, a clerk of Mounsey and Olmstead, that the George arrived in Albany…
1Opinion of the CourtPlatt, J.
In a case where the precise place of delivery is material, it may he proper to allow evidence of a local usage. For instance, the usage at Havanna is often proved to show that some species of cargoes, such as slaves, are to he delivered at the Moro Castle, and that other articles are deliverable only on the wharfs in the inner harbour. But in this case, it seems to me, that the only question is, not whether the tea was delivered at the right place, but whether it was delivered at all, to Mounsey and Olmstead ?
If it be true, that one of the consignees Avent on board the vessel and saw a list…
2Cited by45 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Price v. . PowellNew York Court of Appeals · 1850
- Goold v. . ChapinNew York Court of Appeals · 1859
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
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