Clancy v. Dutton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James E. Dutton and others, from a judgment of the Municipal Court of the city of Hew York, borough of Queens, in favor of the plaintiff, rendered on the 16th day of April, 1908.
1Opinion of the Court
Rich, J.:
On November 22, 1907, the plaintiff entered into a written contract with the captain of a schooner owned by the defendants for the transportation of stone from Quincy, Mass., to the city of Hew York, which obligated him to use the whole of the vessel with the exception of the cabin, room for the crew and for the storage of provisions, and to provide and furnish a “ cargo of stone under and on deck,” which meant a full cargo. He was to pay one dollar and thirty cents per gross ton, delivered. The carrying capacity of the schooner was from 300 to 320 tons. The only issue of fact…
2Cases cited2 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Spann v. Erie Boatman's Transp. Co.New York Supreme Court · 1895
3Cited by5 opinions
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- In re the Estate of WoolfsonNew York Surrogate's Court · 1936
- Miller v. EiseleSupreme Court of New Jersey · 1933
- United States Nickel Co. v. BarrettCity of New York Municipal Court · 1914
- Walz v. MuirAppellate Division of the Supreme Court of the State of New York · 1926