Appellate Division of the Supreme Court of New York, 1919

Lower Hudson Steamboat Co. v. Maines

Lower Hudson Steamboat Co. v. Maines
Appellate Division of the Supreme Court of New York · Decided April 15, 1919
188 A.D. 895
Lower Hudson Steamboat Co. v. Maines

Opinion of the Court

Judgment of the County Court of Westchester county reversed, with costs, and judgment of the Justice’s Court affirmed, with costs, upon the ground that the finding by the justice of the peace, which his decision imports, that the goods had not been actually delivered to Bruno, was not against the weight of the evidence; and, further, that defendant was not Bruno’s agent to receive the goods for him from the plaintiff’s agent, the purser, but was, in effect, plaintiff’s agent to deliver the goods to Bruno. Jenks, P. J., Mills, Rich and Jaycox, JJ., concurred; Blackmar, J., dissented.

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