Heyman v. Stryker
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Louis Heyman against Iram H. Stryker, Jr. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtBijur, J.
Plaintiff, a dealer in whiskies, delivered a case of whisky worth $20 and a barrel worth $94 to defendant, a public truckman, for delivery to a named consignee. That defendant was a common carrier has been decided upon the appeal from a judgment entered on a prior trial of this case. 116 N. Y. Supp. 638. The articles were stolen while in defendant’s possession. The barrel of whisky, however, was recovered by the police and deposited with the property clerk.
The learned judge below, held that, because of his duty to mitigate the damage, the plaintiff should recover this barrel from the police…
2Cases cited3 opinions
- Eten v. . LuysterNew York Court of Appeals · 1875
- Rollins v. Sidney B. Bowman Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Heyman v. StrykerAppellate Terms of the Supreme Court of New York · 1909