Hoyt v. Sprague
New York Supreme Court
APPEAL by the defendants Sprague and Eavill, from a judgment entered on the verdict of a jury. The action was brought by the plaintiffs, who composed the firm of Jesse Hoyt & Go., of the city of New York, to recover possession of the «following goods and chattels of the plaintiffs, wrongfully detained from them by the defendants; that is to say, 5393 32-60ths bushels of spring wheat, part of a cargo of wheat then or lately on board the canal boat S. P. Skinner, of 7480…
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APPEAL by the defendants Sprague and Eavill, from a judgment entered on the verdict of a jury. The action was brought by the plaintiffs, who composed the firm of Jesse Hoyt & Go., of the city of New York, to recover possession of the «following goods and chattels of the plaintiffs, wrongfully detained from them by the defendants; that is to say, 5393 32-60ths bushels of spring wheat, part of a cargo of wheat then or lately on board the canal boat S. P. Skinner, of 7480 bushels, being all of said cargo of wheat, except 2086 32-60ths bushels theretofore delivered from said boat to ship, which…
1Opinion of the Court
By the Court, Cardozo, J.
Allen v. Smith, (12 Com. B. R., N. S., 638,) relied on by the defendants, is certainly an authority in their favor, but I think it cannot be sustained, to its full extent. It certainly is not in accordance with the rule laid down by the privy council in The Norway, (1 Browning & Lushrington, 409,) in which Allen v. Smith was cited, and must therefore be deemed overruled, so far as it conflicts with the later case'.
In the Norway, the court, through Sir Edward Vaughan, said: “ If the demand of the larger sum was so made that it amounted to an announcement by the master…
2Cited by9 opinions
- Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
- Potolski International, Inc. v. Hall's Boat Corp.Appellate Division of the Supreme Court of the State of New York · 1953
- Indiana Bond Co. v. JamesonIndiana Court of Appeals · 1900
- Allen v. CorbyAppellate Division of the Supreme Court of the State of New York · 1901
- Michaels v. SingleNew York Supreme Court · 1930
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