Chicago & Great Eastern Railway Co. v. Dane
New York Court of Appeals
This is an appeal from a judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment for the defendant entered upon the report of a referee. This action was brought to recover damages on an alleged contract of the defendant to carry and transport a quantity of railroad iron from blew York to Chicago for the plaintiffs,. The only evidence of the contract were the letters quoted in the opinion of the court.
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This is an appeal from a judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment for the defendant entered upon the report of a referee. This action was brought to recover damages on an alleged contract of the defendant to carry and transport a quantity of railroad iron from blew York to Chicago for the plaintiffs,. The only evidence of the contract were the letters quoted in the opinion of the court. The defendant insisted that the agreement was invalid for want of the proper U. S. internal revenue stamp affixed at the time it was made. But the…
1Opinion of the CourtGrover, J.
Whether the letter of the defendants to plaintiff, and the answer of plaintiff thereto (leaving the question of revenue stamps out of view), proved a legal contract for the transportation of iron by the defendants for the plaintiff from Hew York to Chicago upon the terms therein specified, depends upon the question whether the plaintiff became thereby hound to furnish any iron to the defendants for such transportation, as there was no pretence of any consideration for the promise of the defendants to transport the iron, except the mutual promise of the plaintiff to furnish it for that pur…
2Cited by92 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- National Bank v. HallSupreme Court of the United States · 1880
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Grossman v. . SchenkerNew York Court of Appeals · 1912
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