¶1We concur in the result reached by Mr. Justice O’BRIEN in his opinion, and in the following propositions, which led to it: First, that the transfer of the warehouse receipts by indorsement and delivery vested in these defendants the legal title and right of possession; second, that the defendant took possession of the merchandise pledged on October 24,1885, at which time he requested that bills for past storage should be made out; third, that a contract for subsequent storage was thereby implied. As the action was brought to recover such storage, it was error to dismiss the complaint
34 N.Y.S. 342
Driggs v. Dean
Decided June 14, 1895
New York Supreme Court · decided 1895-06-14
Action by Marshall S. Driggs against Robert J. Dean and another. From a judgment dismissing the complaint, and an order1 denying a motion for a new trial, plaintiff appeals.
Reversed · Decided 1895-06-14