Godfrey v. Johnston
New York Court of Appeals
This action was brought by the plaintiff to recover, for damages alleged to have been sustained by him by the breach, on the part of the defendants, of a contract safely to carry Certain goods from Geneva, in this State, into the State of Virginia, by reason whereof the said goods became wet and injured.
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This action was brought by the plaintiff to recover, for damages alleged to have been sustained by him by the breach, on the part of the defendants, of a contract safely to carry Certain goods from Geneva, in this State, into the State of Virginia, by reason whereof the said goods became wet and injured. The answer denied the allegations of the complaint, and set up, as a defense, that the boat on which the said goods were shipped was chartered by the plaintiff, and that he, and not they, were the carriers of the goods. On the trial, the plaintiff gave in evidence an agreement, in writing,…
1Opinion of the CourtMullix, J.
The motion for a nonsuit was properly denied. The plaintiff, before resting, had proved, by Johnston and his own oath, that a contract for the carriage of his goods had been made with defendants, with their knowledge and assent. This evidence most clearly authorized a. verdict for the paintiff. Concede that the evidence of Johnston was not as clear and conclusive as it might be on the question of assent, yet it was some evidence on that point. It was, therefore, the duty of the court to submit it to the jury. There was no .question made, on the trial, as to the admission or rejection of…
2Cases cited1 opinion
- Dain v. . WyckoffNew York Court of Appeals · 1858