Aikin v. . Westcott
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of blew York, made Hay 19, 1888, which, reversed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. This action was brought to recover a trunk and its' contents .and damages for the detention- thereof. The facts, so far as material, are stated in the opinion. The receipt for the check was not a receipt for the trunk.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of blew York, made Hay 19, 1888, which, reversed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. This action was brought to recover a trunk and its' contents .and damages for the detention- thereof. The facts, so far as material, are stated in the opinion. The receipt for the check was not a receipt for the trunk. (Becht v. Corbin, 92 N. Y. 658.) Where plaintiff has been nonsuited, all disputed facts are to be decided in his favor, and all presumptions and…
1Opinion of the CourtPeckham, J.
The only question in this case as the plaintiffs concede, is whether there was any evidence to show that the express company actually received into its custody the trunk in controversy. Upon the undisputed evidence, we are of the opinion that no delivery of the trunk to the express company was shown.
We may assume that the trunk reached the city of Hew York at the same time as the other one which was checked with it at Detroit for the same destination. They both reached the Grand Central depot .in the city twenty-four hours earlier than did the person who had procured them to be checked and…
2Cited by3 opinions
- Atlanta Baggage & Cab Co. v. MizoCourt of Appeals of Georgia · 1908
- Lustig v. International Navigation Co.City of New York Municipal Court · 1902
- Zambakian v. WernerAppellate Terms of the Supreme Court of New York · 1907