Greene v. White
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fifth district, where a judgment entered upon a verdict in favor of the plaintiffs had been affirmed.
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Appeal from the general term of the Supreme Court, in the fifth district, where a judgment entered upon a verdict in favor of the plaintiffs had been affirmed. This was an action by Robert Greene and Benjamin F. Greene against James M. White, for the breach of a contract in writing between the parties, in the following terms : “ Agreement made thirteenth day of September 1860, between James M. White, of the one part, and Robert Greene and Benjamin F. Greene, of the other part, as follows: The said White hereby agrees to sell to said R. & B. F. Greene, the schooner called the Lucy Orchard, her…
1Opinion of the Court
*Hunt, J.
The proposition “ that if the value of the vessel and her net freight together did not exceed $3000, .the plaintiffs were not entitled to recover,” was sound, and the judge erred in refusing so to charge the jury. The judge erred in the charge actually made, “ that if they should assess the value of the vessel at the contract price, or less than that, then no damages could be given to the plaintiffs on account of the vessel, but, that the plaintiffs would nevertheless be entitled to a verdict for such net freight as the jury should find had been made on this trip.” The contract for…
2Cases cited2 opinions
- Camden & Amboy Railroad & Transportation Co. v. BelknapNew York Supreme Court · 1839
- Thacher & Fearing v. Jones & AyerSupreme Judicial Court of Maine · 1850