Sage v. Gittner
New York Supreme Court
The plaintiffs were warehousemen residing at the village of Ithaca. The defendants were merchants residing at the same place. In May, 1848, the latter purchased goods in thee city of New-York, and agreed with one Downer to ship them to Ithaca for the defendants, and delivered them to the said Downer for that purpose, in good order.
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The plaintiffs were warehousemen residing at the village of Ithaca. The defendants were merchants residing at the same place. In May, 1848, the latter purchased goods in thee city of New-York, and agreed with one Downer to ship them to Ithaca for the defendants, and delivered them to the said Downer for that purpose, in good order. They came to the plaintiffs’ storehouse at Ithaca, in apparent good order, but one of the hogsheads of sugar proved to have become wet, and damaged on the voyage. The plaintiffs paid to Downer the price of transportation of the goods, and charged it over to the…
1Opinion of the Court
By the Court,
Shankland, J.
There is no pretense that the goods were injured by the plaintiffs, or while in their warehouse. But it is alledged that they were injured by the carrier before they came to the warehouse. The custom of warehousemen to receive the goods and to advance the freight to the carrier, was folly established; and the only legal question in the case is, whether the custom is valid, and whether it precludes the defendants from setting up the same defense against the plaintiffs that he could if the carrier had sued; or in other words, whether the rights of the plaintiffs, by…
2Cases cited2 opinions
- Gibson v. CulverNew York Supreme Court · 1837
- Wood v. Hickok & HamiltonNew York Supreme Court · 1829
3Cited by2 opinions
- Stallman v. KimberleyNew York Supreme Court · 1889
- Stallman v. KimberlyNew York Supreme Court · 1889