Palen v. Haake
The Superior Court of New York City
Statement of facts made by Hatch, J. : About the 5th of September, 1887, the defendants ordered from plaintiffs three carloads of coal, to be used in burning brick, and to be delivered upon the Gilbert switch, near defendant’s brickyard. The three carloads were taken to the switch, but not being promptly unloaded, they were removed to the dock of Wicks & Co., and there unloaded.
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Statement of facts made by Hatch, J. : About the 5th of September, 1887, the defendants ordered from plaintiffs three carloads of coal, to be used in burning brick, and to be delivered upon the Gilbert switch, near defendant’s brickyard. The three carloads were taken to the switch, but not being promptly unloaded, they were removed to the dock of Wicks & Co., and there unloaded. Upon learning these facts, the plaintiffs saw defendant about October 19, 1887, and arranged for the delivery of three more loads, stating, in their letter of advice of that date, that they had ordered two carloads…
1DissentHatch, J.
(dissenting).—The contract between the parties was to deliver the coal upon the Gilbert switch, and until such delivery was made, there rested upon the defendant no liability to receive or pay. Pacific Iron Works v. Long Island R. R. Co., 62 N. Y., 272.
The delivery upon the Hasselback switch was not a delivery to defendant, and created no liability upon his part. *413He had the right to insist upon the delivery at the place where he contracted for. It is claimed that this was done, and in consequence thereof, that the defendant bacame obligated to pay. This presents the question to be decided.…
2Cases cited2 opinions
- Pacific Iron Works v. . Long Island R.R. Co.New York Court of Appeals · 1875
- Jones v. FowlerThe Superior Court of New York City · 1869