Furman v. . Union Pacific R.R. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made the first Monday of January, 1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action' was for the alleged conversion of one hundred bags of peanuts. The material facts are stated in the opinion.
1Opinion of the CourtPeckham, J.
The following facts were proved or agreed upon on the trial: On the 25th of February, 1880, the assignors of. the plaintiff, being partners, did, at the city of Norfolk, Virginia, deliver to the Baltimore Steam Packet Company, for shipment to Denver, Colorado, 10,460 pounds of peanuts contained in 100 bags and marked “ Y ”, and that company then delivered to plaintiffs a receipt therefor, of which the material part is as follows :
“ The Baltimore Steam Packet Company, R. L. Spoor, General Freight Agent, Baltimore Steam Packet Company.
“ Norfolk, February 25, 1880
“ Received of Weller & Co. one…
2Cases cited3 opinions
- Price v. . PowellNew York Court of Appeals · 1850
- City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
- Colgate v. . the Pennsylvania Co.New York Court of Appeals · 1886
3Cited by41 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- McCoy v. American Express Co.New York Court of Appeals · 1930
- Nebraska Meal Mills v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1897
- Gates v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1894
- Union Pacific Railway Co. v. JohnsonNebraska Supreme Court · 1895
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