Ogden v. . Marshall
New York Court of Appeals
The appeal in this action was from a judgment of the superior court of tiie city of New York. The action was assumpsit upon an agreement made between the plaintiff" and defendant, on the 22nd day of December, 1846, by which the defendant agreed to transport twelve thousand bushels of corn from New York to Liverpool, in the ship Yorkshire, at the price of sixteen pence sterling per bushel, payable at the port of delivery.
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The appeal in this action was from a judgment of the superior court of tiie city of New York. The action was assumpsit upon an agreement made between the plaintiff" and defendant, on the 22nd day of December, 1846, by which the defendant agreed to transport twelve thousand bushels of corn from New York to Liverpool, in the ship Yorkshire, at the price of sixteen pence sterling per bushel, payable at the port of delivery. It was averred in the declaration that although the plaintiff' was ready, willing, and desirous to ship the corn on board the Yorkshire, at New York, to be transported,…
1Opinion of the CourtJewett, J.
It was assumed on the trial in the court below, and on the argument in this court, that the evidence tended to establish a valid contract made between the parties, by which the defendant agreed to receive from the plaintiff, on board of the packet ship Yorkshire, 12,000 bushels of- corn at New York and carry it to the port of Liverpool, and to sail on the sixteenth day of January, 1847, at and for the price of sixteen pence sterling per bushel which the defendant afterwards refused to perform, and that after the making of the contract and before the sailing of the ship freight rose to…
2Cases cited2 opinions
- Bracket v. M'NairNew York Supreme Court · 1817
- O'Conner v. ForsterSupreme Court of Pennsylvania · 1840
3Cited by11 opinions
- The Oregon v. Pittsburgh & L. A. Iron Co.Court of Appeals for the Sixth Circuit · 1893
- Dillenback v. The Rossend CastleDistrict Court, S.D. New York · 1887
- Spann v. Erie Boatman's Transp. Co.New York Supreme Court · 1895
- Hughes v. Chesapeake & Ohio Coal & Coke Co.Court of Appeals for the Third Circuit · 1921
- Duryea v. BonnellAppellate Division of the Supreme Court of the State of New York · 1897
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