Schmidt v. Blood
New York Supreme Court
This .was an action of replevin, tried at the New-York circuit in April, 1831, before the Hon. Ogden Edwards, one of the circuit judges. ' In November, 1828, the plaintiffs stored with the defendants, who were warehousemen at Brooklyn, 99 tons, of’hemp, parcels of which were from time to time delivered upon the order of the plaintiffs.
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This .was an action of replevin, tried at the New-York circuit in April, 1831, before the Hon. Ogden Edwards, one of the circuit judges. ' In November, 1828, the plaintiffs stored with the defendants, who were warehousemen at Brooklyn, 99 tons, of’hemp, parcels of which were from time to time delivered upon the order of the plaintiffs. In January, 1830, the defendants informed the plaintiffs that about 10 tons of hemp had been purloined from their stores by their-store-keeper, and requested their assistance in recoveringthe property. In February, 1830, the plaintiffs demanded of the…
1Opinion of the Court
By the Court,
Sutherland, J.
It appears to be well settled, thata warehouseman, or depositary of goods for hire,is responsible only for ordinary care, and js not liable for loss arising from accident when he is not in default; 2 Kent’s Comm. 441; 4 T. R. 481; Peake’s N. P. 114; 4 Esp.N. P. R. 262; and in Finucane v. Small, 1 Esp. N. P. R. 315, it was held that if goods be bailed to be kept for hire, if the compensation be for house-room, and not a reward for care and diligence, the bailee is only bound to take the same care of the goods as of his own, and if they be stolen or embezzled by his…
2Cited by57 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Weisser v. . DenisonNew York Court of Appeals · 1854
- McFarland v. WheelerNew York Supreme Court · 1841
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
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