Sturgess v. . Bissell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the eighth judicial district, affirming judgment in favor of plaintiff entered upon verdict of a jury. The action is brought to recover the value of 630 barrels of apples shipped by plaintiff upon defendant’s boat, to be transported to the city of New York. The defendant agreed to deliver the apples uninjured by frost, and, if frozen, to pay the damages.
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Appeal from judgment of the General Term of the Supreme Court of the eighth judicial district, affirming judgment in favor of plaintiff entered upon verdict of a jury. The action is brought to recover the value of 630 barrels of apples shipped by plaintiff upon defendant’s boat, to be transported to the city of New York. The defendant agreed to deliver the apples uninjured by frost, and, if frozen, to pay the damages. The contract was made between John H. Crane, agent of plaintiff, and the defendant. The apples were shipped November 16th, 1867. The apples were frozen when the boat arrived at…
1Opinion of the CourtGboveb, J.
The contract of the defendant, as found by the jury, was to transport the apples from Lockport to Hew York, and deliver them to the plaintiff there, free from any injury from- frost. This contract was broken by the defend ant. The apples were never delivered at New York, but frozen and rendered worthless upon the boat in which they were being carried, near Fort Plain, and which was there stopped by the freezing of the canal. The damage sustained by the plaintiff from the failure to perform this contract, was clearly the value of the apples in New York at the time they should have been…
2Cited by16 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- The OneidaCourt of Appeals for the Second Circuit · 1904
- Lowenstein v. . Lombard, Ayres Co.New York Court of Appeals · 1900
- Wallingford v. . KaiserNew York Court of Appeals · 1908
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