Legal Opinion

Jones v. . Morgan

New York Court of Appeals

Decided October 10, 1882PublishedCited by 77 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 1,1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 24 Hun, 372.) This action was brought to recover damages for the loss of a quantity of household goods, which the plaintiff alleged she stored with the defendant, and which were lost through his negligence.

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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 April 1,1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 24 Hun, 372.) This action was brought to recover damages for the loss of a quantity of household goods, which the plaintiff alleged she stored with the defendant, and which were lost through his negligence. The plaintiff in April, 1875, stored a large and valuable quantity of household furniture and other property in a building owned by the defendant and known…

1Opinion of the CourtEarl, J.

The questions of fact litigated upon the trial of this action were finally settled by the verdict of the jury and the decision of the court at General Term, and they are not subject to further review here. Among the questions thus settled is the one relating to the person with whom the plaintiff contracted. There was some evidence, not very satisfactory, but yet sufficient to warrant the verdict, that she contracted with the defendant. That evidence was reviewed and commented on sufficiently by Daniels, J., in his opinion delivered in the court below, and it would serve no useful purpose to…

2Cases cited1 opinion

  1. Beach v. . Raritan Delaware Bay R.R. Co.New York Court of Appeals · 1868

3Cited by77 opinions

  1. Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
  2. In re the Estate of RothkoAppellate Division of the Supreme Court of the State of New York · 1977
  3. In re the Estate of RothkoNew York Surrogate's Court · 1975
  4. Shindler v. LambNew York Supreme Court · 1959
  5. People ex rel. New York Stock Exchange Building Co. v. CantorAppellate Division of the Supreme Court of the State of New York · 1927

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