Legal Opinion
George B. Holman & Co. v. Graham
City of New York Municipal Court
Decided December 10, 1937PublishedCited by 3 opinions
1Opinion of the CourtEdbr, J.
If a warehouseman receives goods in the course of his business, in the absence of an express contract, an implied contract of storage arises. (Gay v. Bates, 99 Mass. 263, 266; Craves v. Smith, 14 Wis. 5, 8.) It is upon this theory that plaintiff brings this action, and, I believe, correctly so. It is a simple action of general assumpsit, upon a quasi-contract.
An action in replevin was brought in the New Jersey Supreme Court by the Hackensack Trust Company, as executor of the last will and testament of Lucie Wetmore Stumm, deceased, against Carl Stumm, as defendant, and the sheriff of Bergen…
2Cases cited4 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Gutta Percha & Rubber Manufacturing Co. v. MayorNew York Court of Appeals · 1888
- Gay v. BatesMassachusetts Supreme Judicial Court · 1868
- Graves v. SmithWisconsin Supreme Court · 1861
3Cited by3 opinions
- Schenley Distillers Corp. v. Kinsey Distilling Corp.Court of Appeals for the Third Circuit · 1943
- Egling v. LombardoRochester City Court · 1943
- Romer v. American Export Lines, Inc.City of New York Municipal Court · 1952