Marshall v. New York Central Rail Road
New York Supreme Court
THE plaintiffs are co-partners and dealers in apples in the city of New York. In August,'in I860, Jacob P. Marshall, one of the plaintiffs, in company with Luther T. Norton, then- agent, came to the counties of Genesee and Erie to contract for fruit. They went to the agents of the defendants at Alden and Corfu and made arrangements with them to ship apples by rail from those stations, Norton was authorized to purchase and ship for the plaintiffs.
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THE plaintiffs are co-partners and dealers in apples in the city of New York. In August,'in I860, Jacob P. Marshall, one of the plaintiffs, in company with Luther T. Norton, then- agent, came to the counties of Genesee and Erie to contract for fruit. They went to the agents of the defendants at Alden and Corfu and made arrangements with them to ship apples by rail from those stations, Norton was authorized to purchase and ship for the plaintiffs. On the 10th September, 1860, Norton wrote the agent of the defendants as to the terms of shipment, and received a reply on the 3d October, 1860.…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The questions presented for our decision in this case arise upon exceptions taken during the progress of the trial, and to the charge of the Circuit Judge in submitting the cause to the jury.
The first exception taken was to the decision of the Circuit Judge in overruling the question put to the witness Grarvin, one of the defendants’ agents, asking him if he had any authority from the company to make a contract to ship freight at any particular time or specific time. I do not think this exception well taken. If the plaintiffs’ right of recovery rested upon an…
2Cases cited2 opinions
- Gregory v. McDowelNew York Supreme Court · 1832
- Wemple v. StewartNew York Supreme Court · 1856
3Cited by6 opinions
- Nashville, Chattanooga & St. Louis Railway Co. v. Grayson County National BankTexas Supreme Court · 1906
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
- Johnson v. New York, New Haven & Hartford RailroadSupreme Judicial Court of Maine · 1913
- Tierney v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
- Frey v. New York CentralAppellate Division of the Supreme Court of the State of New York · 1906
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