Dana v. Fiedler
New York Court of Common Pleas
This was an action for damages, laid at $12,650 25, upon the breach of a contract for the sale of one hundred and fifty casks of madder. The agreement was concluded between the defendant and the plaintiff, William P. Dana, through the agency of a broker.
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This was an action for damages, laid at $12,650 25, upon the breach of a contract for the sale of one hundred and fifty casks of madder. The agreement was concluded between the defendant and the plaintiff, William P. Dana, through the agency of a broker. The memorandum delivered to the plaintiff, Dana, was as follows : “No. “New York, October 23d, 1849. “Bought of Ernest Fiedler, Esq., account of William P. Dana, for Fearing & Hall’s acceptance, one hundred and fifty casks, of one ton each,’ best EXFF Madder, 12 1-4, 6 ms. The agreement is, that it shall be delivered on or before the first…
1Opinion of the Court
Ingraham, First J.
Several questions were raised during the trial as to the admission of testimony, which I will notice in the order in which they are stated in the defendant’s points.
The defendant’s counsel asked the witness what would have been the effect of an additional supply of madder, to the extent of 150 casks, in the market on the 1st of April, 1850, on the market value of that article ?
The question was considered irrelevant, and the evidence excluded by the court.
The only ground on which such a question could be urged, is that it might affect the amount of damages which the plaintiff…
2Cases cited13 opinions
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- Boorman v. JenkinsNew York Supreme Court · 1834
- Lush v. DruseNew York Supreme Court · 1830
- Dox v. DeyNew York Supreme Court · 1829
- Dey v. DoxNew York Supreme Court · 1832
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