Legal Opinion

Roberts v. Stuyvesant Safe Deposit Co.

New York Court of Appeals

Decided October 7, 1890PublishedCited by 36 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hay 8, 1888, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. This action was to recover for the alleged negligence of defendant as bailee for hire. The facts, so far as material, are stated in the opinion. The defendant was a bailee ior hire.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hay 8, 1888, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. This action was to recover for the alleged negligence of defendant as bailee for hire. The facts, so far as material, are stated in the opinion. The defendant was a bailee ior hire. (Laws of 1867, chap. 3, § 2; Edw. on Bail. 44, 277, 278.) The statute requires that the place and property shall be particularly described in the search warrant. (3 R. S.…

1Opinion of the CourtO’Brien, J.

The legal relations which the defendant held to the plaintiff, and out of which this controversy has arisen, was that of a bailee or depositary for hire. The fundamental question in the case is whether the defendant, upon the undisputed evidence in the record, discharged those duties and obligations to the plaintiff which the law imposed upon it in regard to the care and custody of her property. The defendant is a corporation organized under and possessing all the powers conferred by chapter 111 of the Laws of 1867. It was authorized to receive on deposit, as bailee, for safe keeping and…

2Cases cited8 opinions

  1. Hanmer v. WilseyNew York Supreme Court · 1837
  2. Ouderkirk v. Central National BankNew York Court of Appeals · 1890
  3. Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
  4. Ball v. . LineyNew York Court of Appeals · 1871
  5. Lyon v. YatesNew York Supreme Court · 1868

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3Cited by36 opinions

  1. National Safe Deposit Co. v. SteadSupreme Court of the United States · 1914
  2. National Safe Deposit Co. v. SteadIllinois Supreme Court · 1911
  3. Cussen v. Southern California Savings BankCalifornia Supreme Court · 1901
  4. Cohen v. Manufacturers Safe Deposit Co.New York Court of Appeals · 1948
  5. Carples v. Cumberland Coal & Iron Co.New York Court of Appeals · 1925

31 more not listed; retrieve them via the Exa API.

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