Legal Opinion

Smith v. New York & New Haven Rail Road

New York Supreme Court

Decided December 14, 1858PublishedCited by 2 opinions

THIS action was commenced by summons issued by a justice of the peace for the county of Westchester. The plaintiff filed his complaint in writing against the defendants, as common carriers, for negligence in not delivering to one Sanford Hallock, at Mount Vernon, in said county, four barrels of flour and one barrel of crackers, of the value of $48.50, and alleged an assignment of the claim to the plaintiff To which complaint the defendants demurred, orally: 1st. That the…

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THIS action was commenced by summons issued by a justice of the peace for the county of Westchester. The plaintiff filed his complaint in writing against the defendants, as common carriers, for negligence in not delivering to one Sanford Hallock, at Mount Vernon, in said county, four barrels of flour and one barrel of crackers, of the value of $48.50, and alleged an assignment of the claim to the plaintiff To which complaint the defendants demurred, orally: 1st. That the complaint contained no cause of action, 2d. That the said claim was not assignable. The demurrer was sustained, and…

1Opinion of the Court

By the Court, Emott, J.

In McKee v. Judd, (2 Kern. 622,) the court of appeals held that where .goods had been wrongfully taken and converted, and the owner, afterwards, having become insolvent, made a general assignment of all his property and things in action for the benefit of his creditors, the right of action for damages passed, and a suit could be maintained-for the conversion, by the assignee, and since the code, in his own name. (In Zabriskie v. Smith, (3 Kern. 322, 332,) the same court held that a right of action for damages, sustained in consequence of a false representation as to the…

2Cases cited2 opinions

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837

3Cited by2 opinions

  1. Kansas Midland Railway Co. v. BrehmSupreme Court of Kansas · 1895
  2. Jordan v. GillenSupreme Court of New Hampshire · 1860

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