Williams v. Sherman
New York Supreme Court
This was an action of assumpsit, tried at the Washington circuit, in November, 1829, before the Hon. Esek Cowen, one of the circuit judges. The declaration was for use and occupation of a wharf at Whitehall, as a landing place for a steam boat, of which the defendant was master and part owner.
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This was an action of assumpsit, tried at the Washington circuit, in November, 1829, before the Hon. Esek Cowen, one of the circuit judges. The declaration was for use and occupation of a wharf at Whitehall, as a landing place for a steam boat, of which the defendant was master and part owner. The plaintiff offered to prove an agreement on the part of the defendant to pay $40 per month for the use of the wharf, which was objected to, because not declared on; the objection was overruled, and the testimony offered was received. The defendant attempted to prove that the same privileges as to the…
1Opinion of the Court
By the Court.
The plaintiff declared generally for use and occupation, and the judge admitted evidence of an agreement, which the defendant contends was of such a character as to be special, and to require a special count in the declaration, to entitle the plaintiff to recover. It is not necessary to say whether the agreement was special or not; for it had been fully executed, and the plaintiff did not sue for the violation of the terms of it, but for the sum stipulated by it to be paid. It is said by the supreme court of the United States, in the case, of The Bank of Columbia v. Patterson’s…
2Cases cited1 opinion
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
3Cited by26 opinions
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- Thomas v. . DickinsonNew York Court of Appeals · 1855
- Marr v. RayIllinois Supreme Court · 1894
- Scott v. GuernseyNew York Supreme Court · 1866
- Still v. HallNew York Supreme Court · 1838
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