Legal Opinion

Wilson v. International Ry. Co.

New York County Court, Niagara County

Decided July 10, 1916Published

Action by Allen D. Wilson against the International Railway Company. Judgment for plaintiff.

1Opinion of the CourtFish, J.

The evidentiary facts are undisputed. Plaintiff entered into an executory contract for the sale of a carload of apples with Rowe Bros., the apples to be delivered in car at Wrights, a station on defendant’s line, to be paid for as each wagon load was delivered, and title to remain in plaintiff until paid for. Rowe Bros, thereupon and in November, 1909, ordered of defendant a refrigerator car for the apples placed, and the defendant placed the car thus ordered the next morning. The plaintiff thereupon, and on or about November 10, 1909, commenced to draw the apples thus contracted for to and…

2Cases cited17 opinions

  1. Saltus & Saltus v. EverettNew York Supreme Court · 1838
  2. McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
  3. Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
  4. Smith v. . LynesNew York Court of Appeals · 1851
  5. Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906

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