Legal Opinion · Concurrence

Healy v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1912Published

Appeal by the defendant, The New York Central and Hudson Eiver Eailroad Company, from a judgment of the County Court of Schenectady county in favor of the plaintiff; entered in the office of the clerk of said county on the 27th day of May, 1912, upon the decision of the court rendered after a trial at Special Term.

1Concurrence

Houghton, J. (concurring).

I concur in an affirmance of this judgment, but I do not agree that the Warehouse Law as contained in the General Business Law has anything to do with the question, or .that it in any way limits or imposes a liability upon the defendant. It is perfectly apparent from the whole scheme of the statute relating to warehousemen that it seeks to regulate only those persons or corporations who store merchandise which is to be resold or goods which are to remain some considerable time in storage. This is evidenced by the fact that receipts are directed to be given by such…

2Cases cited15 opinions

  1. Westcott v. . FargoNew York Court of Appeals · 1875
  2. Blossom v. . DoddNew York Court of Appeals · 1870
  3. Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
  4. Kirkland v. . DinsmoreNew York Court of Appeals · 1875
  5. Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872

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