Mitchell v. Cornell
The Superior Court of New York City
Exceptions ordered to be heard at general term, in the first instance, complaint being dismissed. The complaint alleged that the parties entered into an agreement in writing whereby the defendant chartered the steamboat the William, Coólc, her engine, &c., unto the plaintiff for ninety-two days, from June 8, 1875, to Septen^er 7, 1875, the said boat to be used in the excursion business on the Hudson River and other specified waters, the plaintiff to pay $130.43 for each day,…
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Exceptions ordered to be heard at general term, in the first instance, complaint being dismissed. The complaint alleged that the parties entered into an agreement in writing whereby the defendant chartered the steamboat the William, Coólc, her engine, &c., unto the plaintiff for ninety-two days, from June 8, 1875, to Septen^er 7, 1875, the said boat to be used in the excursion business on the Hudson River and other specified waters, the plaintiff to pay $130.43 for each day, payments to be made on Monday of each week; paying forthwith $1,000 as a guarantee against loss by defendants : and…
1Opinion of the Court
By the Court.—Sedgwick, J.
The complaint did not charge and the proof did not show, that the defendants’ act in taking possession of the steamboat was malicious. The measure of damages therefore was compensation to the plaintiff, assuming that he had a cause of-action, and unearned and speculative profits cannot be included as a part of the damages to be recovered (Wehle v. Haviland, 69 N. Y. 451). This is a specific rule to be followed here. This case is not one of trespass, the direct and immediate consequence of which was the breaking up of a business. There was no direct interference with…
2Cases cited7 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wehle v. . HavilandNew York Court of Appeals · 1877
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
- Durkee v. MottNew York Supreme Court · 1850
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