Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 44 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1866 Excerpt: ... 0 Price v. Hartshorn. his deceased joint debtor--hence that his discharge relieved the estate from liability to the plaintiff. (17 N. T. Rep. 354. 30 Barb. 110. 27 N. T. Rep. 633-636.) But as above suggested, the examination of this question is unnecessary in this case. There can be no doubt, I think, that the discharge of the sole surviving maker of the notes, operated as a discharge of the indorser David Blair. Hence the nonsuit was properly directed. True, the instrument declares that the discharge was not intended nor should it be used, to impair the rights of the plaintiff against those not thereby expressly exonerated. The surviving maker was, however, discharged from all liability on the note. No right of action remained against him thereon. Giving the instrument this effect, it was not in the power of the parties making the arrangement to retain the liability of the indorsers. The judgment must be affirmed with costs. st. Lawrence General Term, October 4, 1865. Bocku, Jama and Eosckram, Justices. Price Vs. Hartshorn.' It is well settled that a common carrier, according to his common law liability, is an insurer of the property received by him for transportation, against all loss and damage'happening thereto while under his control, unless occasioned by the act of God or the public enemy. With this exception, the common carrier warrants the safe delivery of the property entrusted to him, against all contingencies. Great storms are beyond the control of human agency, and loss and damage occasioned thereby are excused as being the act of God. Where a carrier by water is compelled by stress of weather to throw overboard a part of the cargo, in order to save the vessel and the balance of the cargo, from destruction, he is not responsible for the loss, a...