Hunter v. Baker Motor Vehicle Co.
District Court, N.D. New York
At Law. Action by Louis R. Hunter against the Baker Motor Vehicle Company and another to recover ujDon a bond. This action was brought to recover upon a bond given by the defendants to the plaintiff, the amount of recovery to be determined by facts entirely outside anything stated in such bond as to amount, except as certain language of such bond confines the liability to a certain matter.
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At Law. Action by Louis R. Hunter against the Baker Motor Vehicle Company and another to recover ujDon a bond. This action was brought to recover upon a bond given by the defendants to the plaintiff, the amount of recovery to be determined by facts entirely outside anything stated in such bond as to amount, except as certain language of such bond confines the liability to a certain matter. The amount claimed is $8,329.75 and interest from January 4, 1908. It was tried before the court, a jury trial having been duly waived.
1Opinion of the Court
RAY, District Judge.
The defendants concede that the plaintiff is entitled to recover the sum of $1,167.31, without interest, less the costs and disbursements of the defendants in this action, which they claim they are entitled to recover, on account of an offer of judgment made and served but rejected. The plaintiff claims that he is entitled to recover the sum of $8,329.75, with interest from January 4, 1908.
The Facts.
The defendant the Baker Motor Vehicle Company at all the times mentioned was, and now is, a corporation organized and existing under the laws of the state of Ohio. The…
2Cases cited3 opinions
- In re Watertown Paper Co.Court of Appeals for the Second Circuit · 1909
- In re Rieger, Kapner & AltmarkDistrict Court, S.D. Ohio · 1907
- Gay v. Hudson River Electric Power Co.Court of Appeals for the Second Circuit · 1911
3Cited by26 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Centmont Corporation v. MarschCourt of Appeals for the First Circuit · 1933
- Platt v. Bradner Co.Washington Supreme Court · 1924
- New York Trust Co. v. CarpenterCourt of Appeals for the Sixth Circuit · 1918
- Old Ben Coal Co. v. Universal Coal Co.Michigan Supreme Court · 1929
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