Opinion · New York Court of Appeals

Schwerin v. . McKie

51 N.Y. 180

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1872-09-05
Topic
general

Gray, C. Nearly all the questions presented in their varied forms upon the motion for a nonsuit and for refusing to comply with the defendants’ request for instructions to the jury, as well as upon the exceptions taken, depend for solution upon the question whether by the act of congress passed March 28, 1854, vol. 10, U. S. Statutes at Large, 270, 271, abolishing the warehousing system by establishing private bonded warehouses, the plaintiffs’ property, which was placed in the warehouse kept by tjie defendants, and which remained there after the lien thereon for government duties had been discharged, was then subject to the exclusive risk of the plaintiffs; or, in other words, whether the defendants, who were entitled to receive from the plaintiffs a compensation for their services as warehousemen, were, by that act, released from the exercise of that ordinary care which men of common prudence would have exercised under the same circumstances in taking care of their own property. The establishment of such warehouses was an experiment, on the part of the *186 government, for the benefit of those whose convenience or interest might be promoted by permitting their goods to remain ih bond after the duties due to the government were paid; beyond the duties due to the government, it had no interest in the preservation of the property; all else belonged to the importer or owner, and the warehousemen who had a lien upon them for storage.

Citator

UpLaw has not yet analyzed Schwerin v. . McKie. The absence of a flag is not a finding that it is good law.

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22 opinions