Richmond v. . Union Steamboat Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made March 22,1880, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial, without a jury. This action was brought to - recover back money alleged to have been paid under duress of property. The facts are sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made March 22,1880, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial, without a jury. This action was brought to - recover back money alleged to have been paid under duress of property. The facts are sufficiently set forth in the opinion. Irrespective of any usage or custom, the property was well delivered at the Niagara elevator, and freight was earned thereon. (The Convoy's Wheat, 3 Wall. 225; 3 Kent’s Com. 202; Smith on Merc. L. [Am. ed.] 352;…
1Opinion of the CourtEarl, J.
On the 1st day of October, 1875, the agent of the plaintiffs, at Toledo, shipped on board the propeller “Jay Gould,” which was owned by defendant, a common carrier, consigned to the plaintiffs at Buffalo, seven thousand bushels of wet wheat. There was also shipped upon the propeller and consigned to other parties at Buffalo, upwards of twenty thousand bushels of wheat. The propeller went to Buffalo and discharged all the wheat into the Niagara elevator, and refused to discharge plaintiffs’ wheat, upon their request, "into the Richmond ele vator. After plaintiffs’ wheat was so discharged at…
2Cases cited7 opinions
- Gibson v. CulverNew York Supreme Court · 1837
- Dixon v. DunhamIllinois Supreme Court · 1853
- Frost v. KelloggSupreme Court of Vermont · 1851
- McAndrew v. . Whitlock, Jr.New York Court of Appeals · 1873
- The Steamboat Sultana v. ChapmanWisconsin Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- The G. A. TomlinsonDistrict Court, W.D. New York · 1923
- Mee v. Town of MontclairSupreme Court of New Jersey · 1913
- Bottoms & Tops International, Inc. v. United Parcel ServiceCivil Court of the City of New York · 1994
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
1 more not listed; retrieve them via the Exa API.