Tugman v. . National Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the rejiort of a referee. (Reported below, 13 Hun, 332.) The complaint in this action alleged, in substance, that defendant entered into a contract with plaintiff to carry and safely deliver 1,000 tons of freight from New York to Liverpool, at 27s. Gd., sterling, per ton.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the rejiort of a referee. (Reported below, 13 Hun, 332.) The complaint in this action alleged, in substance, that defendant entered into a contract with plaintiff to carry and safely deliver 1,000 tons of freight from New York to Liverpool, at 27s. Gd., sterling, per ton. That plaintiff contracted with other parties to ship and deliver said freight, and the same was delivered to defendant, and was by it transported to and delivered to the…
1Opinion of the CourtMiller, J.
The evidence upon the trial of this action established that the plaintiff was applied to by the agent .oí the Erie and Pacific Despatch Company, in reference to engaging freight for the months of December and January, 1874, from the city of Chicago, in the State of Illinois, to the city of Liverpool, in England ; that thereupon the plaintiff asked such agent the price of such freight, and he informed the plaintiff that he had telegraphed and got a thousand tons at 27s. 6d, per ton, in the National Line ; and upon being requested to do so, said he would make it at the shipper’s option. The…
2Cases cited3 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Eddy v. SmithNew York Supreme Court · 1835
3Cited by11 opinions
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Northwestern Cooperage & Lumber Co. v. ByersMichigan Supreme Court · 1903
- Logan v. FreerksNorth Dakota Supreme Court · 1905
- Osorio v. Henry Waterhouse Trust Co.Hawaii Supreme Court · 1926
- Sumner v. TuckMissouri Court of Appeals · 1881
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