The Alida
District Court, S.D. New York
In admiralty. This was a libel in rem, by the president, managers, and company of the Delaware and Hudson Canal Company, against the steamboat Alida, to recover.for ■supplies .of coal furnished that boat. [Decree for libelants.] The action arose out of the following facts: —The libellants’ corporation were the' owners of the Lackawanna coal beds, and were •engaged in supplying coal extensively to .steamboats.
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In admiralty. This was a libel in rem, by the president, managers, and company of the Delaware and Hudson Canal Company, against the steamboat Alida, to recover.for ■supplies .of coal furnished that boat. [Decree for libelants.] The action arose out of the following facts: —The libellants’ corporation were the' owners of the Lackawanna coal beds, and were •engaged in supplying coal extensively to .steamboats. Their course of business was, to deliver the coal in carts from the yards of the company as it was required for use, and to render bills therefor regularly about once 4t month, to those…
1Opinion of the Court
BETTS, District Judge.
I am of opinion that the evidence offered of the course of dealing between the parties during the early part of the season is proper and relevant, to show the relation in which the parties stood to each other, and the character of their mutual dealing, and that it affords a safe guide to the intention and meaning of the written memorandum of July 12th. That agreement, as reduced to writing, most manifestly does not represent the entire bargain and understanding between thé parties. It is not to be supposed that either of them contemplated an instant sale of fifteen…
2Cases cited7 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Farmers' & Manufacturers' Bank v. WhinfieldNew York Supreme Court · 1840
- Johnson v. Steam-Boat SanduskyNew York Supreme Court · 1830
- Waterbury v. SturtevantNew York Supreme Court · 1837
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