Hamilton v. . McPherson
New York Court of Appeals
This was an action against the defendants as common carriers, in which the • plaintiffs claimed damages for injury to a quantity of oats, caused by their heating and becoming mouldy, during the months of June and July, 1851, in consequence of the failure of the defendants to transport them from Perth, in Canada, to Oswego, within the time required by their contract.
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This was an action against the defendants as common carriers, in which the • plaintiffs claimed damages for injury to a quantity of oats, caused by their heating and becoming mouldy, during the months of June and July, 1851, in consequence of the failure of the defendants to transport them from Perth, in Canada, to Oswego, within the time required by their contract. There were two counts in the complaint, in one of which it was alleged that the defendants engaged to deliver the oats at Oswego in the month of May, at five cents per bushel, freight; and in the other that they engaged to deliver…
1Opinion of the CourtSelden, J.
A good cause of action was shown on the part of the plaintiffs against the defendants, for neglecting to proceed with reasonable diligence iff forwarding the oats after the notice which they received on the 27th of May, and' the only question which the case presents relates to the amount of damages for which the defendants are responsible.. The rule applicable to such cases has been briefly and accurately stated by Mr. Powell, as follows i “ Damages for breaches of contract are only thoge which, are incidental to, and directly caused by, the breach, and may reasonably be presumed to have…
2Cases cited3 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Shannon v. ComstockNew York Supreme Court · 1839
3Cited by90 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Coach, Inc. v. Kmart CorporationsDistrict Court, S.D. New York · 2010
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