Bracket v. M'Nair
New York Supreme Court
THIS was an action of assumpsit, which was tried before Mr.' Justice Yales, at the Onondaga circuit, in June, 1816. At the trial, a. written agreement between the parties, made on the 19th August, 1809, was produced in evidence, by which the defendant agreed to forward for the plaintiff four hundred barrels of salt, the property of the plaintiff, then being in store with the defendant, marked /. Brackett, to Queenston, for one dollar per barrel for boating, storage, and…
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THIS was an action of assumpsit, which was tried before Mr.' Justice Yales, at the Onondaga circuit, in June, 1816. At the trial, a. written agreement between the parties, made on the 19th August, 1809, was produced in evidence, by which the defendant agreed to forward for the plaintiff four hundred barrels of salt, the property of the plaintiff, then being in store with the defendant, marked /. Brackett, to Queenston, for one dollar per barrel for boating, storage, and freight, of the same, from Oswego Falls to Queenston; that the defendant was to the money for the freight on or before the…
1Per curiam
The testimony in the case shows, that several vessels, under the charge of the defendant, sailed from Oswego after the contract was entered into with the plaintiff, and before any information was received at that place of the non-intercourse law between the UuHed Stales and Great Britain, and no reason whatever is assigned, why the plaintiff’s salt was not transported. The evidence does not show, in any manner, a performance of the contract by the defendant, or any excuse for the non-performance. The case is very imperfectly drawn, or must have been very obscurely explained upon the trial.…
2Cited by16 opinions
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- The Oregon v. Pittsburgh & L. A. Iron Co.Court of Appeals for the Sixth Circuit · 1893
- Kent v. Hudson River Rail RoadNew York Supreme Court · 1856
- O'Conner v. ForsterSupreme Court of Pennsylvania · 1840
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