Legal Opinion

Simmons v. Law

New York Court of Appeals

Decided September 15, 1866PublishedCited by 8 opinions

1Opinion of the CourtHwt, J.

This is an action to recover the value of a quantity of gold-dust shipped by the defendant’s line of steamers, from San Francisco to Mew York, on the 14th of March, 1851. It is alleged in the complaint, not denied in the answer, and established by the evidence, that the defendant was a common carrier of goods between the points named, and that he received the property in question in that capacity. The treasure never reached the city of Mew York, and the plaintiff has repeatedly demanded it of the defendant, and after the lapse of some months has brought the present action to recover its value.

2Cases cited4 opinions

  1. Merritt v. . EarleNew York Court of Appeals · 1864
  2. Read v. . SpauldingNew York Court of Appeals · 1864
  3. The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
  4. Westcott v. . ThompsonNew York Court of Appeals · 1858

3Cited by8 opinions

  1. The DelawareSupreme Court of the United States · 1872
  2. Van Hoesen v. CameronMichigan Supreme Court · 1884
  3. Spinetti v. . Atlas Steamship CompanyNew York Court of Appeals · 1880
  4. Magnin v. DinsmoreThe Superior Court of New York City · 1873
  5. Falkenau v. FargoThe Superior Court of New York City · 1873

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