Legal Opinion

Goold v. Chapin

New York Supreme Court

Decided March 15, 1851PublishedCited by 9 opinions

This was an appeal from a judgment entered in favor of the plaintiffs, on the report of a referee. The defendants were engaged as common carriers in transporting goods from New-York to Albany. They were the proprietors of the “ Hudson River Line” of towboats, and goods of the plaintiffs were put on board one of their barges, in the city of New-York, to be transported to Albany, and thence on a line of canal boats called the “ Atlantic Line” to Brockport, Monroe county.

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This was an appeal from a judgment entered in favor of the plaintiffs, on the report of a referee. The defendants were engaged as common carriers in transporting goods from New-York to Albany. They were the proprietors of the “ Hudson River Line” of towboats, and goods of the plaintiffs were put on board one of their barges, in the city of New-York, to be transported to Albany, and thence on a line of canal boats called the “ Atlantic Line” to Brockport, Monroe county. The defendants had two warehouses in the city of Albany, and a float, lying in the basin at that city, upon which they were…

1Opinion of the CourtJohnson, J.

On behalf of the defendants it is contended that their float in the basin was a warehouse, and that when they had safely deposited the plaintiffs’ goods there, and given notice to the consignees, their contract as carriers was entirely at an end. I am of the opinion, however, that this float was not a warehouse, in any proper or legal sense of the term. It was a mere floating craft used by the defendants for the exclusive purpose of depositing goods transported by themselves, temporarily, until they could be delivered upon canal boats, and not for general storage. Placing goods upon this…

2Cases cited2 opinions

  1. Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Powell v. MyersNew York Supreme Court · 1841

3Cited by9 opinions

  1. Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
  2. Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
  3. Clendaniel v. TuckermanNew York Supreme Court · 1853
  4. Miller v. . Steam Navigation CompanyNew York Court of Appeals · 1853
  5. Salmon Falls Manuf'g Co. v. The TangierU.S. Circuit Court for the District of Massachusetts · 1860

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