2 Years Transportation Progress Volume 28

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ... and that it received the injury complained of during transit from the steamer to the storehouse. The testimony on behalf of the defendant, however, we think clearly warranted the justice in finding, as he did, that the fruit was to be taken and stored at a temperature ranging from 35 to 40, and, by failing to do this, but placing it in a temperature which caused the fruit to freeze, and thus ruining it, the appellant failed to perform its contract, and consequently failed to earn any storage whatever. On the other hand, if the appellant failed to keep its contract with the respondent of safely storing and keeping the fruit, it would be liable to respondent for the damages which the latter sustained by reason of that breach, and consequently the court below had the right to render judgment in favor of the respondent for the amount of that damage up to the extent of his jurisdiction. The judgment should therefore be affirmed, with costs. All concur. i " (S Miac. Rep. 316.) STAFFORD v. AZBELL. (Common Pleas of New York City and County, General Term. May 17, 1894.) Trover And Conversion--Who Mat Maintain--Tenants In Common. An action for conversion cannot be maintained by a tenant In common against bis cotenant Appeal from trial term. Action by Marshall P. Stafford against Charles C. Azbell. The complaint was dismissed, and plaintiff appeals. Affirmed. For former report, see 26 N. Y. Supp. 41. Argued before BOOKSTAVEB, BISCHOFF, and PBYOB, JJ. Marshall P. Stafford, in pro. per. Delos McCurdy, for respondent PEB CTJBIAM. We do not think it necessary to take this case under further advisement. It seems to us that the election by the plaintiff of a cause of action in tort made it necessary for him to show that there was a conversion of..."