Miller v. Fischer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John A. Fischer, from a judgment of the County Court of Ulster county, entered in. the office of the clerk of said county on the 13th day of January, 1910, upon the verdict of a jury in favor of the plaintiff rendered by direction of the court, and also from an order entered in said clerk’s office on the 31st day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The plaintiff is a canal boatman, and in December, 1908, was using his boat for carrying coal at Astoria, N. Y. On the nineteenth of that month he telegraphed the defendant, who was engaged in the ice business at Rondout, asking for the best price of a load of ice to New York city. The defendant answered by telegram on the twenty-first, saying that for a good boat with hatches he would pay $100 for a load delivered in New York, requesting an answer. The plaintiff claims that he answered by postal, which the defendant says he never received, saying that he had a good boat, that he…
2Cases cited2 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Schipper v. MiltonAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Moinester v. Wilson & Co.District Court, S.D. New York · 1940
- McCarthy v. Krebs Pigment & Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Hart v. CortAppellate Division of the Supreme Court of the State of New York · 1914