Dent v. . North American Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. ■ The action was brought to recover a balance due upon a promissory note made by defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. ■ The action was brought to recover a balance due upon a promissory note made by defendant. The answer set up a counter-claim, in substance, that the plaintiffs, on-the 11th day of December, 1866, in consideration of the said note, and of other securities, agreed to sell and deliver possession to the defendant the steamship Paonshon, then lying in the city of Hew York, and agreed to complete her hull, engines and…
1Opinion of the CourtRapallo, J.
We are of opinion that the evidence was sufficient to sustain the finding of the referee, that the letter of Sept. 11, 1866, constituted the contract between the parties. Although the resolution of the board of directors of the defendant, ratifying the purchase of the steamship by Mr. Webb, on the terms and conditions set fprth in the letter, may not have been communicated to the plaintiffs, yet, after the receipt of the letter by Mr. Webb, the defendant took possession of the vessel without any dissent from the terms stated in the letter. This constituted an acceptance of and acquiescence in…
2Cited by15 opinions
- United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
- Geo. W. Robinson & Co. v. Hyer Bros.Supreme Court of Florida · 1895
- Cassidy v. FonthamNew York Court of Common Pleas · 1891
- Gerard v. CowperthwaitNew York Court of Common Pleas · 1893
- In re the Estate of KrollNew York Surrogate's Court · 1957
10 more not listed; retrieve them via the Exa API.