Farwell v. Davis
New York Supreme Court
HIS action was brought to recover damages for breach of a contract, on the part of the defendant, to transport a quantity of iron for Paul, Farwell & Co., from Brooklyn, N. Y., to Saginaw, Mich.; and also to recover back the overcharges which the said firm were compelled to pay on said iron.
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HIS action was brought to recover damages for breach of a contract, on the part of the defendant, to transport a quantity of iron for Paul, Farwell & Co., from Brooklyn, N. Y., to Saginaw, Mich.; and also to recover back the overcharges which the said firm were compelled to pay on said iron. The plaintiff claimed and proved on the trial: That Paul, Farwell & Co., composed of Francis W. Paul, Thaddeus D. Estabrook, Henry C. Potter, and this plaintiff, were, in the fall of 1860, engaged in building a railroad in the state of Michigan. That on or about October 10, 1860, aj; the city of New York,…
1Opinion of the Court
*76 By the Court,
Mullin, J.
The first question to be considered in this case is, whether on the facts proved the plaintiff alone can maintain the action? The contract for the transportation of the railroad iron was made by Farwell on behalf of the firm of Paul, Farwell & Co., that owned the iron to which the contract related. The firm consisted of Paul, Estabrook, Farwell and Potter. Potter transferred his interest in the claim against the defendant to Farwell, who thereby became owner of it. Estabrook assigned to the plaintiff all his interest in the contract for building the railroad, and on…
2Cases cited8 opinions
- Driggs v. DwightNew York Supreme Court · 1837
- Giles v. O'TooleNew York Supreme Court · 1848
- Van Tine v. CraneNew York Supreme Court · 1828
- Parmalee v. WilksNew York Supreme Court · 1866
- Briggs v. New York Central Rail RoadNew York Supreme Court · 1858
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3Cited by5 opinions
- Spann v. Erie Boatman's Transp. Co.New York Supreme Court · 1895
- Meylert v. Gas Consumers' Benefit Co.New York Circuit Court · 1890
- Meylert v. Gas Consumers' Benefit Co.New York Supreme Court · 1890
- Spann v. Erie Boatman's Transportation Co.Superior Court of Buffalo · 1895
- Woolsey v. FinkeNew York Supreme Court · 1888