Pitcher v. . Hennessey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial district, affirming judgment in favor of plaintiff entered upon a verdict. Action to recover damages for alleged breach of' contract. The facts sufficiently appear in the opinion.
1Opinion of the Court
Earl, 0.
The plaintiff purchased 3,000 bushels of wheat in Oswego, and he could get no one, neither the defendant nor any one else, to freight it for him. For the purpose, therefore, of securing the transportation of his wheat, he made an agreement with the defendant to purchase his boat for the sum of $1,800, and the defendant agreed to load the wheat on the boat and run the boat and transport the wheat to Martinsburgh. The sale of the boat and the contract to load and run her were all one entire agreement, the consideration of which, on the part of the plaintiff, was the $1,800 to be paid by…
2Cases cited2 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Dobson v. . PearceNew York Court of Appeals · 1854
3Cited by78 opinions
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Nash v. KornblumNew York Court of Appeals · 1962
- Hart v. BlabeyNew York Court of Appeals · 1942
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