Compton v. Heissenbuttel
New York Court of Common Pleas
Appeal from trial term. Reversed. Action by Oscar Compton against John D. Heissenbuttel and others to recover damages arising from the breach of defendants’ agreement to pay, as a. part of the freight agreed to be paid to plaintiff for the carriage of coal, the-charge for wharfage incurred by the use of a wharf at Gowanus creek, Brooklyn, y. Y., for the purposes of plaintiff’s canal-boat while awaiting discharge of its load.
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Appeal from trial term. Reversed. Action by Oscar Compton against John D. Heissenbuttel and others to recover damages arising from the breach of defendants’ agreement to pay, as a. part of the freight agreed to be paid to plaintiff for the carriage of coal, the-charge for wharfage incurred by the use of a wharf at Gowanus creek, Brooklyn, y. Y., for the purposes of plaintiff’s canal-boat while awaiting discharge of its load. There was a verdict for plaintiff, and from judgment thereon, defendants appeal.
1Opinion of the CourtBischoff, J.
On the trial of this action defendants contended that under-the agreement for the breach of which this action was brought plaintiff’s recovery should be limited to $10, the amount of wharfage incurred by his boat for the use of the wharf at Gowanus creek, with the legal interest on that, amount. Seasonable requests were made that the jury be so instructed, which were refused, and the exceptions to these refusals present the main question, addressed to us for review. An examination of the briefs of counsel for the-respective parties to this appeal shows that they are at variance as to the…
2Cases cited5 opinions
- Kendall v. StokesSupreme Court of the United States · 1845
- Loudon v. Taxing DistrictSupreme Court of the United States · 1882
- Insurance Co. v. PiaggioSupreme Court of the United States · 1873
- Dubois v. . HermanceNew York Court of Appeals · 1874
- Tuers v. . TuersNew York Court of Appeals · 1885
3Cited by2 opinions
- Gordon v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Compton v. HeissenbuttelCity of New York Municipal Court · 1892