Dows v. Rush
New York Supreme Court
ACTION to recover 2703 bushels of corn, being the cargo of the canal boat Cuba, of which the appellant was master. The action was tried before Justice Edmonds, on the 21st day of December, 1849, who directed the jury to find for the plaintiffs, to which the defendant excepted. Judgment was rendered upon the verdict for $2559.64. The defendant appealed to the general term on a bill of exceptions.
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ACTION to recover 2703 bushels of corn, being the cargo of the canal boat Cuba, of which the appellant was master. The action was tried before Justice Edmonds, on the 21st day of December, 1849, who directed the jury to find for the plaintiffs, to which the defendant excepted. Judgment was rendered upon the verdict for $2559.64. The defendant appealed to the general term on a bill of exceptions. The plaintiffs were commission merchants in New York, and claimed the property under a bill of lading in the following words: “No. 142—Duplicate. Buffalo, Aug. 7, 1848. Shipped in good order, by Niles…
1Opinion of the Court
By the Court, Hogeboom, J.
As counsel differ entirely as to what questions are open for debate in this case, it will be necessary to look at that point in the first place, in order that we may not waste our time in needless discussion. This is a bill of exceptions, and of course no questions arise save those which are presented upon exception. I find in the case, on the part of the defendant, only an exception on the refusal to nonsuit, repeated at the end of the case, exceptions to the charge and the refusal to charge, and an exception to the rule of damages laid down by the court. These…
2Cases cited13 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Root v. FrenchNew York Supreme Court · 1835
- Murray v. SmithThe Superior Court of New York City · 1853
- Wheeler v. M'FarlandNew York Supreme Court · 1833
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3Cited by16 opinions
- Dodge v. MeyerCalifornia Supreme Court · 1882
- Long-Bell Lumber Co. v. StumpCourt of Appeals for the Eighth Circuit · 1898
- Dows v. . GreeneNew York Court of Appeals · 1862
- Powell v. JonesNew York Supreme Court · 1863
- Wilklow v. LaneNew York Supreme Court · 1862
11 more not listed; retrieve them via the Exa API.