Driggs v. . Dean
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Ho express contract having been proven, and the law not implying one to pay storage, the plaintiff was bound to establish by the acts of the parties that an implied contract existed, its extent and limitations, and this question was one of fact to be determined by a jury and not by the court,…
1Opinion of the CourtHaight, J.
This action was brought to recover storage on merchandise stored in the plaintiff’s warehouse in the city of Hew York. The facts disclosed by the evidence are without substantial dispute. On the 28th day of March, 1885, one Max Yon Angern placed in storage in the plaintiff’s warehouse 2,463 barrels of what was claimed to be Portland cement, agreeing to pay for the storage 'at the rate of four cents a barrel per month. The plaintiff issued to him therefor two receipts, one for fifteen hundred barrels and one for nine hundred and sixty-three barrels. Thereafter, and on the 21st day of July,…
2Cases cited1 opinion
- Dean v. . DriggsNew York Court of Appeals · 1893
3Cited by8 opinions
- Bluebonnet Warehouse Cooperative Federal Compress & Warehouse Company, Inc., Blytheville Compress Company, Inc. v. Bankers Trust CompanyCourt of Appeals for the Sixth Circuit · 1996
- Blakeslee v. TurgrimsonAppellate Court of Illinois · 1912
- Douglass v. Wolcott Storage & Ice Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Kramer v. Haeger Storage Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Millichamp v. First National BankWashington Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.