Rogers v. Van Hoesen
New York Supreme Court
IN ERROR, on certiorari. The plaintiffs below declared generally for goods sold, &c. and on a special contract, by which the defendants engaged to take, at a certain price, all the, herring which might be caught in the plaintiff’s net for the season; and from the evidence it appeared that the fish were to be delivered at the Fly or at the dock at Catskill; that the plaintiffs caught a quantity of fish at the Fly, and the defendants not being there to receive them, they were…
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IN ERROR, on certiorari. The plaintiffs below declared generally for goods sold, &c. and on a special contract, by which the defendants engaged to take, at a certain price, all the, herring which might be caught in the plaintiff’s net for the season; and from the evidence it appeared that the fish were to be delivered at the Fly or at the dock at Catskill; that the plaintiffs caught a quantity of fish at the Fly, and the defendants not being there to receive them, they were carried to the dock ° J at Catskilly and there kept until they spoiled; but no notice had been given to the defendants…
1Per curiam
_ I he judgment must be reversed. It appearing from the examination of the plaintiffs’ witnesses, that the contract upon which they relied was in writing, they were bound to show it: or, if in the possession of the opposite party, notice to produce it should have been given, before the paroi evidence was admitted. It is fairly to be inferred from the return that this objection was taken, though it is not distinctly stated in terms.
But there is another and fatal objection to the recovery upon the contract as proved. The fish were to be delivered to the defendants, at the Fly, or at the dock at…
2Cited by7 opinions
- Dwight v. EckertSupreme Court of Pennsylvania · 1888
- Citizens' Bank v. Nantucket Steamboat Co.U.S. Circuit Court for the District of Massachusetts · 1811
- Pease Oil Co. v. Monroe County Oil Co.New York Supreme Court · 1912
- Grimm v. HamelNew York Court of Common Pleas · 1859
- Hatch v. PryorNew York Court of Appeals · 1867
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