Legal Opinion · Concurrence

Wilkins v. . Earle

New York Court of Appeals

Decided December 29, 1870Published

Appeal from a judgment of the Superior Court of the city of New York, on the' verdict of a jury, with special findings of fact, and exceptions taken at the trial, heard at the General Term, in the first instance. . The plaintiff became the guest of the defendants, at their hotel in the city of New York, on the evening of the 20th of April, 1863. Soon after his arrival he delivered to the servant of the defendants, who apparently had charge at the office, a sealed envelope…

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Appeal from a judgment of the Superior Court of the city of New York, on the' verdict of a jury, with special findings of fact, and exceptions taken at the trial, heard at the General Term, in the first instance. . The plaintiff became the guest of the defendants, at their hotel in the city of New York, on the evening of the 20th of April, 1863. Soon after his arrival he delivered to the servant of the defendants, who apparently had charge at the office, a sealed envelope containing §20,000, which the plaintiff requested the servant to deposit in a safe kept by the defendants at the office…

1Concurrence

It is established by the verdict, that on the evening of April 20th, 1863, the plaintiff deposited with the agent of the defendant, for safe keeping in his vault, a package of the value of about $21,000; that the person to whom the same was delivered, forthwith deposited the package in the safe provided for that purpose by the defendants pursuant to their notice; that the person to whom the package was delivered, was authorized by the defendant to receive the same on their behalf, for the purpose of deposit in their safe. Upon delivering the package to the clerk in the office, the plaintiff…

2Cases cited6 opinions

  1. Kennedy v. . the PeopleNew York Court of Appeals · 1868
  2. Smith v. SmithNew York Court of Chancery · 1834
  3. Sleeper v. Van MiddlesworthNew York Supreme Court · 1847
  4. Walrod v. BallNew York Supreme Court · 1850
  5. Nixon v. PalmerNew York Supreme Court · 1850

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