Long v. New York Central Railroad
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 plaintiff entered upon a verdict. This action was brought against defendant as a' common carrier for an alleged refusal to deliver 500 empty pork barrels received from plaintiff at Buffalo, under an agreement to transport to and deliver to plaintiff at New York. In November, 1866, plaintiff’s agent purchased at Buffalo, 500 empty pork barrels.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought against defendant as a' common carrier for an alleged refusal to deliver 500 empty pork barrels received from plaintiff at Buffalo, under an agreement to transport to and deliver to plaintiff at New York. In November, 1866, plaintiff’s agent purchased at Buffalo, 500 empty pork barrels. He negotiated with defendant’s agent for their transportation to New York, and, according to his testimony, such agent…
1Opinion of the CourtAllen, J.
There was a conflict of evidence as to the contract for the carriage of the barrels so far as the same rested in parol, and depended upon the verbal negotiations and understanding of the agents of the respective parties. The witnesses differed widely in their recollection and version of the terms of the proposal made by the one party and assented to by the other; and the disagreement of the witnesses was in respect to the freight, an essential and material part of the agreement. If the rights of the parties depend upon the agreement, thus made and consummated by the verbal negotiations of the…
2Cases cited4 opinions
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Barker v. . BradleyNew York Court of Appeals · 1870
- Riley v. . the City of BrooklynNew York Court of Appeals · 1871
3Cited by6 opinions
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Etten v. NewtonNew York Court of Common Pleas · 1890
- Cohen v. Morris European & American Express Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Paruch v. RasiewiczSupreme Court of New Jersey · 1940
- Pennsylvania-Reading Seashore Lines v. Unit Construction Co.Supreme Court of New Jersey · 1937
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