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Updated: May 11, 2025
In Croke's report nothing is said of custom; but the declaration avers that the defendant was a common bargeman, that the plaintiff delivered him a portmanteau, &c. to carry, and paid him for it, and that the defendant tam negligenter custodivit, that it was taken from him by persons unknown, like the second count in Morse v. Slue, below. The plea was demurred to, and adjudged for the plaintiff.
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