Schwerin v. McKie
The Superior Court of New York City
This is an appeal from a judgment entered at. special term upon the verdict of a jury in favor of the plaintiff, for $1543.35. The facts are as follows, viz. on the 15th of April, 1864, the plaintiffs (who are' importers in this city) deposited on storage with the defendants (who are warehousemen, .keeping what is commonly known as a private bonded warehouse,) a large quantity of valuable cigars, to be by them safely kept (for a pecuniary consideration agreed to be paid by…
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This is an appeal from a judgment entered at. special term upon the verdict of a jury in favor of the plaintiff, for $1543.35. The facts are as follows, viz. on the 15th of April, 1864, the plaintiffs (who are' importers in this city) deposited on storage with the defendants (who are warehousemen, .keeping what is commonly known as a private bonded warehouse,) a large quantity of valuable cigars, to be by them safely kept (for a pecuniary consideration agreed to be paid by the plaintiffs) and delivered to the plaintiffs upon demand. The cigars were placed by the defendants in their warehouse,…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The most prominent question in this case is one of law, to wit, whether the defendants could be sued alone, without joining the officer of the customs of the United States, in whose custody, jointly with theirs, it is assumed the goods in controversy were placed; and if not, whether the United States officer can be made responsible for the loss of such goods.
The act of Congress of March 28, 1854, (10 U. S. Stat. at Large, 270, ch. 30; Brightly's U. S. Dig. 488, §§ 296-299,) by its first section provides that goods subject to duty may be stored, at the expense…
2Cases cited12 opinions
- Beckman v. ShouseSupreme Court of Pennsylvania · 1835
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- Clark & Co. v. SpenceSupreme Court of Pennsylvania · 1840
- Arent v. Squire & JohnsonNew York Court of Common Pleas · 1863
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