Smith v. Richardson
New York Supreme Court
GOLD moved to set aside the report of referees in this suit, on an affidavit stating, that it was instituted to recover damages for a breach of contract, in not transporting 5000 staves, belonging to the plaintiffs, from Chaumont, in the •ounty of Oneida, to one Lssejtyne’s, on the river St. Lawrence, in consequence of which, the plaintiffs themselves, undertook to do it, at an unusual season of the year; and in the attempt, the raft was cast away, and 60© staves lost.
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GOLD moved to set aside the report of referees in this suit, on an affidavit stating, that it was instituted to recover damages for a breach of contract, in not transporting 5000 staves, belonging to the plaintiffs, from Chaumont, in the •ounty of Oneida, to one Lssejtyne’s, on the river St. Lawrence, in consequence of which, the plaintiffs themselves, undertook to do it, at an unusual season of the year; and in the attempt, the raft was cast away, and 60© staves lost. That under these circumstances, the referees, in assessing the damages, estimated them at the full value which the staves…
1Opinion of the Court
*221Per. curiam, delivered by
Tompkins, J.
The affidavit, on the part of the defendant alleges, that the cause oí ac-iion presented by the plaintiffs to the referees, was the nonperformance, by the defendant, of a contract to transport staves belonging to the plaintiffs.
For the plaintiffs it is alleged, that evidence was ad* duced by them, in support of five grounds of action. The' first ground, it was incumbent on the plaintiffs to prove, id order to make out the consideration for the defendant’s promise, which is stated, to have been goods sold and delivered ; and the other four grounds grow out…
2Cited by4 opinions
- Blanchard v. ElyNew York Supreme Court · 1839
- Watkinson v. LaughtonNew York Supreme Court · 1811
- Lakeman v. GrinnellThe Superior Court of New York City · 1859
- Krohn v. OechsNew York Supreme Court · 1866