Woodworth v. McBride
New York Supreme Court
Error from the Monroe common pleas. Woodworth sued McBride in a justice’s court, and declared against him in an action of covenant, for that the defendant on the 17th November, 1824, by an instrument under seal, agreed to transport 10,500 barrel staves in a canal boat to Albany as r J expeditiously as possible, (the dangers of canal navigation excepted;) provided the ice in the canal and other unforeseen accidents did not prevent, the staves to be delivered in Albany before…
Read the full summary
Error from the Monroe common pleas. Woodworth sued McBride in a justice’s court, and declared against him in an action of covenant, for that the defendant on the 17th November, 1824, by an instrument under seal, agreed to transport 10,500 barrel staves in a canal boat to Albany as r J expeditiously as possible, (the dangers of canal navigation excepted;) provided the ice in the canal and other unforeseen accidents did not prevent, the staves to be delivered in Albany before the 1st'January, then next; but if so prevent-e£^ ylen pe transported as ’ soon as the canal navigation opened in the…
1Opinion of the Court
By the Court,
Sutherland, J.
I am inclined to think that it was the intention of the parties that the defendant should not be responsible for any delay or failure in delivering the staves, either in the fall of 1824, or the spring of 1825 5 if such failure was occasioned by the dangers of the canal, although the considerations urged by the counsel for the plaintiff to shew that the exception was intended to apply only to the dangers of the fall or winter navigation, are not without some force.
But the defendant, if he could not perform his contract in the fall, was bound to complete it the…
2Cited by2 opinions
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
- Washington Dean Co. v. KaishaNew York Supreme Court · 1925