Legal Opinion

New Haven & Northampton Co. v. Quintard

The Superior Court of New York City

Decided January 15, 1869Published

Appeal from a judgment. This action was brought by the New Haven and Northampton Company against Edward A. Quintard and others, to recover damages for breach of a contract, made by .correspondence between the parties, in which the defendants, in the city of New York, had undertaken to ship cargoes of coal from. Baltimore or Georgetown to the plaintiffs at New Haven.

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Appeal from a judgment. This action was brought by the New Haven and Northampton Company against Edward A. Quintard and others, to recover damages for breach of a contract, made by .correspondence between the parties, in which the defendants, in the city of New York, had undertaken to ship cargoes of coal from. Baltimore or Georgetown to the plaintiffs at New Haven. The defenses relied upon were in the nature of excuses for non-performance within the time insisted on by the plaintiff, arising from the obstruction of transportation by freshets and other obstacles for which the defendants…

1Opinion of the CourtBy the Court. Jones, J.

When no time is specified for the performance of a contract, its legal effect is that the parties have contracted for its performance in a reasonable time.

What the reasonable time thus contracted for is, must be determined upon a consideration of all those facts which both parties had in view in making the contract.

There are some general rules which have a controlling influence in determining what this reasonable time is in those cases where they are applicable. Thus, one is presumed not to require more than a business day to pay a sum of money which he has contracted to pay; so one who sells…

2Cases cited8 opinions

  1. Wolfe v. . HowesNew York Court of Appeals · 1859
  2. Morris v. SliterCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Cocker v. Franklin Hemp & Flax Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1839
  4. Myers v. SmithNew York Supreme Court · 1867
  5. Beebe v. HuttonNew York Supreme Court · 1866

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