Schwinger v. . Raymond
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made on'the 1st Tuesday of April, 1879, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. The referee erred in not finding as requested, that defendants were entitled to recover damages.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made on'the 1st Tuesday of April, 1879, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. The referee erred in not finding as requested, that defendants were entitled to recover damages. (Dunham v. Bower, 77 N. Y. 80; Dakin v. Oxley, 33 L. J. C. B. 115-119; 1 Pars. on Mar. Law, 172; 3 Kent, 225; 3 Johns. 321; McAlister v. Reab, 4 Wend. 483; affirmed by Court of Errors,…
1Opinion of the CourtDanforth, J.
The action was brought to recover freight agreed to be paid by defendants to plaintiff for transporting on the deck of his canal boat 200 barrels of beans, from Albion and Brockport to the city of Hew York. The complaint alleges that the beans were transported under this agree- meat, and delivered to the defendants, who accepted them. That the freight has not been paid, “ wherefore the plaintiff demands judgment against the defendants for $110, with interest.” The defendants admit an agreement to pay freight, but allege that the plaintiff’s undertaking was to “ carry and deliver the beans in…
2Cases cited5 opinions
- Blair v. . BartlettNew York Court of Appeals · 1878
- Gates v. . PrestonNew York Court of Appeals · 1869
- Bellinger v. CraigueNew York Supreme Court · 1860
- Dunham v. . BowerNew York Court of Appeals · 1879
- Griswold v. New-York InsuranceNew York Supreme Court · 1808
3Cited by29 opinions
- Kuehne & Nagel, Inc. v. BaidenNew York Court of Appeals · 1975
- Metallgesellschaft A.G. v. M/v Capitan Constante and Yacimientos Petroliferos FiscalesCourt of Appeals for the Second Circuit · 1986
- Goble v. DillonIndiana Supreme Court · 1882
- Rhodus v. GeatleySupreme Court of Missouri · 1941
- Bonnell v. . GriswoldNew York Court of Appeals · 1882
24 more not listed; retrieve them via the Exa API.