New York Supreme Court, 1891

Crosby v. President of Delaware & Hudson Canal Co.

Crosby v. President of Delaware & Hudson Canal Co.
New York Supreme Court · Decided February 4, 1891 · Landon
13 N.Y.S. 306; 35 N.Y. St. Rep. 763; 59 Hun 617; 1891 N.Y. Misc. LEXIS 1080 (New York Supplement)

Counsel

F. L. & T. B. Westbrook, for appellant. Lawton c& Stebbins, for respondent.

Crosby v. President of Delaware & Hudson Canal Co.

Opinion of the Court

Landon, J.

The court of appeals, reviewing this case as it appeared upon a former trial, held that it was a question for the jury whether the transaction was a bailment or a sale. 119 N. Y. 334, 23 N. E. Rep. 736. The case now presents the same facts which the court of appeals commented upon, some as indicating a bailment, others as indicating a sale. There are a few additional facts, but some tend to support the one conclusion, and others the other. We discover no error in the rulings of the trial court to the prejudice of the defendant. Judgment affirmed, with costs. All concur.

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