Western Transportation Co. v. Hawley
New York Court of Common Pleas
Appeal by the plaintiff from a judgment at Trial Term, dismissing the plaintiff’s complaint. The action was brought to recover the sum of ninety dollars as extra compensation, in addition to freight and charges,for delivering a cargo at a pier other than the one at which the plaintiffs usually delivered.
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Appeal by the plaintiff from a judgment at Trial Term, dismissing the plaintiff’s complaint. The action was brought to recover the sum of ninety dollars as extra compensation, in addition to freight and charges,for delivering a cargo at a pier other than the one at which the plaintiffs usually delivered. It appeared on the trial that the boat upon which the property in question had been brought to the City of New York, belonging to and in tlie employ of the plaintiff, having arrived at its place of destination, w,as moored at the usual landing place of the plaintiff. Hotice of the arrival,…
1Opinion of the Court
*331By the Court.
Daly, F. J.
The averment in the complaint was that the plaintiffs were ready and offered to deliver the property at the usual and ordinary place of delivery, hut that the defendants requested them to deliver it at a different place, agreeing to pay them for delivering it at that place a reasonable compensation, together with tlie costs and charges incurred by so doing.
They proved that their usual place of delivery was Pier Yo. 7, East River; that immediately upon the arrival of the • boat, they gave notice of their readiness to deliver at- that place, advising the defendants that…
2Cases cited5 opinions
- Gibson v. CulverNew York Supreme Court · 1837
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Robertson v. BethuneNew York Supreme Court · 1808
- Rowland v. MilnNew York Court of Common Pleas · 1858
- Tuckerman v. BrownNew York Supreme Court · 1853
3Cited by4 opinions
- Hedeman v. Fairbanks, Morse & Co.New York Court of Appeals · 1941
- Garcia v. Herald Tribune Fresh Air Fund, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Richmond v. . Union Steamboat Co.New York Court of Appeals · 1881
- Rotholz v. City of New YorkNew York Supreme Court · 1992