Legal Opinion

New York Central & Hudson River Railroad v. Standard Oil Co.

New York Court of Appeals

Decided January 17, 1882PublishedCited by 4 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, made February 6,1880, which affirmed a judgment entered upon the report of a referee.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, made February 6,1880, which affirmed a judgment entered upon the report of a referee. (Reported below, 20 Hun, 39.) This action was brought to recover freight for. the transportation of three thousand two hundred and fifty-one barrels of oil, and one hundred and twenty empty barrels, carried from Cleveland, Ohio, to Hunter’s Point, Long Island, under a contract between the defendant, as party of the first part, and plaintiff, with the Lake Shore & Michigan Southern Railway Company, as party of the…

1Opinion of the CourtDanforth, J.

The contract at the bottom of this action was between the defendant on one side, and the plaintiff and the Lake Shore ¿¿.Michigan Southern Railway Company on the other. The latter company was not joined as plaintiff, but the omission, if in any aspect of the ease important, was obviated by a stipulation between the parties to the suit. The breach complained of is the omission of the defendant to pay $3,569.14 as freight earned in the transportation and delivery to it of three thousand two hundred and fifty-one barrels of oil, and one hundred and twenty empty barrels.

The referee found that…

2Cases cited2 opinions

  1. Harmony v. . BinghamNew York Court of Appeals · 1854
  2. Western Transportation Co. v. . HoytNew York Court of Appeals · 1877

3Cited by4 opinions

  1. China Mutual Insurance v. ForceNew York Court of Appeals · 1894
  2. Brinkman v. EislerCity of New York Municipal Court · 1891
  3. Johnson v. West Jersey & Seashore RailroadSupreme Court of New Jersey · 1909
  4. Archer v. McDonaldNew York Supreme Court · 1885

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