Compton v. Heissenbuttel
New York Court of Common Pleas
Appeal from city court, general term. Action by Oscar Compton against John D. Heissenbuttel and others, charterers of plaintiff's canal boat, to recover for a breach of contract to pay wharfage. Plaintiff had judgment, which was affirmed by the city court at general term, (20 N. Y. Supp. 402,) and defendants appeal. Reversed. For former reports, see 13 N. Y. Supp. 594; 16 N. Y. Supp. 524; 18 N. Y. Supp. 952, mem.
1Opinion of the CourtPryor, J.
When the case was before us on a former appeal, we held that the undertaking of the defendants was to pay the plaintiff the amount of the wharfage. It appears by the record that the proof varied on the second trial, and that the contract of the defendants was “ to pay the wharfage at the place of destination to the owner or lessee cf the wharf. ” In either event, however, the period of limitation is identical, namely, six years “after the cause of action has accrued.” Code, §§ 380, 382. The defendants plead the statute in bar; and the precise point for adjudication is, when did the cause of…
2Cases cited4 opinions
- Northrop v. . HillNew York Court of Appeals · 1874
- Bogardus v. YoungNew York Supreme Court · 1892
- Hogan v. WolfNew York Supreme Court · 1890
- M'Kerras v. GardnerNew York Supreme Court · 1808