Zachrisson v. Ahman
The Superior Court of New York City
Replevin in the detinet, for two hundred and twenty-one bales of cotton, and for the bills of lading issued for the same cotton ; one set being for 136, and the other for 85 bales ; tried before Sandford, J., June 8th, 1848. On the trial, it appeared that the plaintiff, a Swedish merchant in New York, in December, 1846, departed for South America, leaving his affairs generally in charge of F. Wissman, a German merchant, in whose counting room the plaintiff kept his office.
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Replevin in the detinet, for two hundred and twenty-one bales of cotton, and for the bills of lading issued for the same cotton ; one set being for 136, and the other for 85 bales ; tried before Sandford, J., June 8th, 1848. On the trial, it appeared that the plaintiff, a Swedish merchant in New York, in December, 1846, departed for South America, leaving his affairs generally in charge of F. Wissman, a German merchant, in whose counting room the plaintiff kept his office. On his departure, he gave to his clerk, M. A. Súber, also a Swede, certain written instructions, among other things…
1Opinion of the Court
By the Court. Oakley, Ch. J.
The defendant contends, that he has a right to hold the bills of lading and the cotton in question, for the advances which he made to Súber; and the principal question in the cause, is whether he has that right.
The plaintiff was indisputably, the owner of the whole of this cotton. The question of fact as to his ownership of the parcel of one hundred and thirty-six bales, was submitted to us on the evidence contained in the case. We have examined the evidence, and have no doubt on the subject.
The first objection made to the plaintiff’s recovery, is that there is no…
2Cases cited2 opinions
- Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846
- Stillman v. SquireCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- Block v. Columbian InsuranceThe Superior Court of New York City · 1865
- Castanola v. Missouri Pac. R.District Court, W.D. Texas · 1885
- Florence Sewing Machine Co. v. WarfordThe Superior Court of New York City · 1869