Rapid Safety Fire Extinguisher Co. v. Hay-Budden Manufacturing Co.
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Court of the city of Xew York, borough of Manhattan, rendered in favor of the plaintiff, upon a trial had before the court, without a jury. The nature of the action and the material facts are stated in the opinion.
1Concurrence
Ebeedmae, P. J. (concurring).—
It may be conceded that, as a general rule, under the ordinary obligation of a bailee to return the article hired, he is not liable for failure to return, if before the time arrived the article was destroyed without his fault, and that this is only another way of saying that an obligation expressed in such language carries with it an implied condition that the article to be returned shall be in existence at the time when the obligation to return arises. Young v. Leary, 135 N. Y. 578.
But the parties may, by express contract, vary the rule. In the case at bar the…
2Cases cited2 opinions
- Young v. . LearyNew York Court of Appeals · 1892
- Coldwell-Wilcox Co. v. SullivanAppellate Division of the Supreme Court of the State of New York · 1896