Fisher v. Abeel
New York Supreme Court
APPEAL by the defendant from a judgment rendered by a county court, on appeal from a justice’s court. This action was brought in a justice’s court, by the plaintiffs, to recover of the defendant damages for the detention of their canal boat at Rondout, waiting for a load of coal to be carried for the defendant to Syracuse. The defence was a general denial.
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APPEAL by the defendant from a judgment rendered by a county court, on appeal from a justice’s court. This action was brought in a justice’s court, by the plaintiffs, to recover of the defendant damages for the detention of their canal boat at Rondout, waiting for a load of coal to be carried for the defendant to Syracuse. The defence was a general denial. The defendant was a dealer in coal in Syracuse, and bought coal of the Delaware and Hudson Canal Company, whose coal-yard was at Eondout. George W. Stilwell, Jr., who had an office at 119 Broad street, New York city, was the agent of the…
1Opinion of the Court
By the Court,
Mullin, P. J.
It was impossible for the court to say, upon the evidence of the plaintiff Fisher, before the written order was put in evidence, that it contained the contract between the parties. The paper delivered by Stilwell was called an order. That term did not necessarily imply that it contained the contract—it was the act of one of the parties only—the contract was the act of both.
The court was right in receiving the parol evidence of the conversation between Fisher and Stilwell, and in refusing to allow the defendant to put in the written evidence, while the plaintiff was…
2Cases cited3 opinions
- Cross v. . BeardNew York Court of Appeals · 1862
- Clendaniel v. TuckermanNew York Supreme Court · 1853
- Morse v. PesantNew York Court of Appeals · 1865
3Cited by3 opinions
- Van Etten v. . NewtonNew York Court of Appeals · 1892
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Van Etten v. NewtonNew York Court of Common Pleas · 1889