Atlantic Mut. Ins. v. Bird & Neilson
The Superior Court of New York City
The Atlantic Mutual Insurance Company are the plaintiffs in this action, and William H. Bird and John Neilson.are the defendants. It comes before the Court at General Term, on a case agreed upon by the parties, under and pursuant to § 372 of the Code, which cáse reads-as follows, viz.:—■ “ Statement of Facts, on submission of controversy, pursuant to Section 372 of the Code of Procedure.
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The Atlantic Mutual Insurance Company are the plaintiffs in this action, and William H. Bird and John Neilson.are the defendants. It comes before the Court at General Term, on a case agreed upon by the parties, under and pursuant to § 372 of the Code, which cáse reads-as follows, viz.:—■ “ Statement of Facts, on submission of controversy, pursuant to Section 372 of the Code of Procedure. “ Giffard & Sambour, of Gondives, shipped on board the brig Emeline 404,000 pounds of logwood, and consigned same to Henry Delafield & Co., of -New York City, the owners thereof. “bill of lading as follows: “…
1Opinion of the Court
By the Court. Bosworth, J.—
According to the facts stated in the case, the defendants had no agency in forwarding the log-wood to New York. That was done by Woolley, and the defendants were his consignees and agents to receive and sell it. There was no communication between Woolley and the owners of the brig. It cannot be said, therefore, that Woolley was in any respect their agent.
The case, then, is reduced to a narrow compass. A vessel is wrecked, within thirty-five miles of her port of destination, a part of her cargo is washed ashore and piled on the beach, and all hands on board are lost.…
2Cases cited2 opinions
- Emans v. TurnbullNew York Supreme Court · 1807
- Welch v. HicksNew York Supreme Court · 1826
3Cited by2 opinions
- Hubbell v. Great Western InsuranceNew York Court of Appeals · 1878
- Kinsman v. New York Mutual InsuranceThe Superior Court of New York City · 1859