Miller v. Hannibal & St. Joseph Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 20, 1881, which reversed an order of Special Term, overruling a demurrer to plaintiffs’ complaint herein. (Reported below, 24 Hun, 607.) The substance of the complaint is set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 20, 1881, which reversed an order of Special Term, overruling a demurrer to plaintiffs’ complaint herein. (Reported below, 24 Hun, 607.) The substance of the complaint is set forth in the opinion. The complaint states no cause of action for deceit, because it does not allege that the defendant or its agent knew that the alleged representation was false, or believed, or had reason to believe, that they were false, or intended to deceive or to defraud the plaintiffs,…
1Opinion of the Court
Andrews, Ch. J.
The question in this case arises on demurrer to the complaint. The complaint shows that on the 1st day of November, 1878, a person, unknown to the plaintiffs, but holding himself out as a member of the firm of E. W. Peck & Co., delivered to the defendant at Kansas City, Missouri, for transportation to the city of New York, by way of its railroad and connecting lines, thirty packages or barrels. The defendant, on receipt of the packages, issued a bill of lading, partly printed, and partly written, certifying that it had received of E. W. Peck & Co., consigned to their order, New…
2Cases cited5 opinions
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Barhydt v. . EllisNew York Court of Appeals · 1871
- Vaughan v. Six Hundred & Thirty Casks of Sherry WineDistrict Court, S.D. New York · 1874
- The ColumboU.S. Circuit Court for the District of Southern New York · 1856
3Cited by29 opinions
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. KnightSupreme Court of the United States · 1887
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Lawton v. JoestingSupreme Court of Minnesota · 1905
- Josephy v. Panhandle & Santa Fe RailwayNew York Court of Appeals · 1923
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