35 Barb. 188 | N.Y. Sup. Ct. | 1861
It is no doubt true, as a general rule, that a bailee of property cannot set up against his bailor, that a third person has a better title to the property, and compel the latter to litigate the question of ownership. But it is also true that if goods are taken from the bailee by the authority of the law, exercised through regular and valid proceedings, it will be a defense to an action by the bailor. The bailee must assure himself, and show the court, that the proceedings are regular and valid, but he is not bound to litigate for his bailor, or to show that the judgment or decision of the tribunal issuing the process, or seizing the goods, was correct in law or in fact. This is the rule as to bailees in general, and it includes the case of common carriers. (Angell on Carriers, § 387, a. 1 Duer, 85, and cases cited. Redfield on Railways, §§ 441, 149.)
The property which is the subject of the present controversy was delivered to the defendants by the plaintiff Bliven, at Sing Sing, and placed in a car for transportation. Before it had been" removed from Sing Sing, a complaint was made to a magistrate by a third person, that the property had been stolen by Bliven. The magistrate issued a search warrant, and a constable, armed with this warrant, took the property from the defendants forcibly, brought it before the magis
This point disposes of the case. The judgment should he affirmed.
Lott, Emott, Brown and Scrugham, Justices.]