Gabler v. McChesney
Appellate Division of the Supreme Court of the State of New York
Action Yo. 1. Appeal by the defendant, George H. McOhesney, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 11th day of December, 1900, upon the decision of the court rendered after a trial at the Oneida Special Term pursuant to stipulation. ' The plaintiff is a canal boatman and the owner of two canal boats called the John Mahwr and the Craig & Crouch.
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Action Yo. 1. Appeal by the defendant, George H. McOhesney, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 11th day of December, 1900, upon the decision of the court rendered after a trial at the Oneida Special Term pursuant to stipulation. ' The plaintiff is a canal boatman and the owner of two canal boats called the John Mahwr and the Craig & Crouch. The. defendant is a lumber dealer, doing business at the city of Syracuse-, Y. Y. In the summer of 1897 the defendant purchased a large quantity of yellow pine…
1Opinion of the Court
Adams, P. J.:
The only questions discussed by counsel, and consequently the only ones to be reviewed upon this appeal, are, first, was there a contract binding the defendant to pay demurrage; and, second, did the action of the State authorities, in removing the plaintiff’s boats from the defendant’s dock, relieve the defendant from the obligation to pay demurrage after such removal, provided any contract to pay the same ever existed ?
It is- insisted by the appellant’s counsel that the contract under which the lumber in question was forwarded to the defendant was embraced in “ Exhibit A,” and…
2Cases cited4 opinions
- Cross v. . BeardNew York Court of Appeals · 1862
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Van Etten v. . NewtonNew York Court of Appeals · 1892
- Scholl v. Albany & Rensselaer Iron & Steel Co.New York Court of Appeals · 1886
3Cited by1 opinion
- Barker-Bond Lumber Co. v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1911