Kinnear v. Powell
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Adolpheus E. Kinnear against Robert S. Powell and others to recover damages for breach of a contract authorizing defendants to charter plaintiff’s vessel to shippers at certain rates. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtMcADAM, J.
The plaintiff, the owner of the ship Lancing, does business in London, Eng., and the defendants are ship brokers in the city of New York. There was some preliminary correspondence between the parties, indicating an intention on the part of the owner to send the ship to New York to get an oil cargo for the east, with a preference for Calcutta. The defendants, as ship brokers, were expected to make the charter on behalf of the owner. Various cablegrams and letters passed between the parties, culminating in an offer which the plaintiff accepted, by which the rate to Bombay was fixed at “25,…
2Cases cited7 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Honegger v. . WettsteinNew York Court of Appeals · 1883
- Reck v. Phenix InsuranceNew York Court of Appeals · 1891
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