Packard v. Getman
New York Supreme Court
This was an action of trover, tried at the Albany circuit in August, 1827, before the Hon. William A. Duer, then one of the circuit judges. The defendant was the owner and master of a canal boat employed in the transportation of merchandize. The plaintiff purchased dry goods at three stores in the city of Albany» which were put up in jfive boxes, and sent to the boat owned by the defendant.
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This was an action of trover, tried at the Albany circuit in August, 1827, before the Hon. William A. Duer, then one of the circuit judges. The defendant was the owner and master of a canal boat employed in the transportation of merchandize. The plaintiff purchased dry goods at three stores in the city of Albany» which were put up in jfive boxes, and sent to the boat owned by the defendant. The defendant received and shipped four boxes, After the goods were on board, the plaintiff came to the boat, saw the boxes, made out a bill of lading of four boxes of dry goods, and paid the defendant his…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The judge erred in his charge to the jury. It had previously been decided in this case, (6 Cowen, 757,) that a demand and refusal is prima facie evidence of conversion, but the defendant may give evidence to negative the presumption of a conversation arising from such refusal on demand; and that on the evidence in this case it should have been submitted to the jury whether there had been a conversion in fact. The judge should also have charged the jury as requested, that trover would not lie if they were satisfied that the goods were lost or stolen, or by accident…
2Cited by18 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- McMorris v. SimpsonNew York Supreme Court · 1839
- Central Railroad & Banking Co. v. LampleySupreme Court of Alabama · 1884
- Manley Bros. v. Boston & Maine RailroadSupreme Court of Vermont · 1916
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