Brissac v. Lawrence
U.S. Circuit Court for the District of Southern New York
At law. This was an action tried before NELSON, Circuit Justice, to recover the value of a case of goods that was lost while in one of the custom-house warehouses in New-York, during the time the defendant [Cornelius W. Lawrence] was collector of that port.
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At law. This was an action tried before NELSON, Circuit Justice, to recover the value of a case of goods that was lost while in one of the custom-house warehouses in New-York, during the time the defendant [Cornelius W. Lawrence] was collector of that port. The facts were these: The goods were shipped by the plaintiffs [Brissac & De Fontaine], at Havre, consigned to a firm in New-York, and, on their arrival, were deposited in one of the custom-house warehouses there, under the provisions of the act of August 6th, 1846 (9 Stat. 56), and were either lost or mislaid therein, or were delivered…
1Opinion of the Court
NELSON, Circuit Justice,
charged the jury in substance as follows:
There is but one question of fact for you to determine, on the ground assumed by the plaintiffs as entitling them to recover. It is, whether or not the collector was guilty of personal negligence in respect to the case of goods which was lost The question is not, whether there was any negligence which resulted in the loss of the goods. No doubt there may have been such negligence. But the question is, whether the defendant himself, as collector, was personally guilty of negligence in regard to the. safe-keeping of the goods, and…
2Cited by2 opinions
- Banco Nacional Ultramarino v. NewtonDistrict Court, E.D. New York · 1921
- Schwerin v. McKieThe Superior Court of New York City · 1868