Camden & Amboy Rail-Road & Transportation Co. v. Remer
New York Supreme Court
In EauiTY. A large quantity of barley belonging to George A. Kohl was shipped at Albany, for Lambertsville, N. J. in a vessel belonging to the defendant B. M. Remer. The vessel was sunk and the barley lost, as Remer insisted, by the negligence of The Brunswick Steamboat and Canal Transportation Company. Remer sued that company and recovered judgment, among other claims, for this barley.
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In EauiTY. A large quantity of barley belonging to George A. Kohl was shipped at Albany, for Lambertsville, N. J. in a vessel belonging to the defendant B. M. Remer. The vessel was sunk and the barley lost, as Remer insisted, by the negligence of The Brunswick Steamboat and Canal Transportation Company. Remer sued that company and recovered judgment, among other claims, for this barley. Remer was insolvent, and had assigned this judgment to a part of the other defendants in this suit. Kohl filed a bill to compel the payment to him of a proportionate share of the judgment, and obtained an…
1Opinion of the CourtHand, J.
The parenthetical allegation in the bill, “ (who were authorized so to do,)” I think may be applied to a designation of the officers who could act for the company. It is not to be supposed that so important a matter was intended to slip into the pleadings in a manner so curt, loose and indefinite. The main question then, for I do not think the difficulties suggested orally by the defendants counsel are tenable, is, should the complainants have averred their authority to purchase Kohl’s supposed interest in the judgment Remer had obtained? This judgment was recovered in this state, but the…
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