Loomis v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court hi the fourth judicial department, entered January 21, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court hi the fourth judicial department, entered January 21, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The refusal of the court to instruct the jury that all directions to ship this car over the Lehigh Valley railroad were merged in the written contract was most prejudical to the defendant, and was contrary to the established law of this state. (4 Am. & Eng. Ency. of Law [2d ed.], 515, 516; Thomas v. Scutt, 127…
1Opinion of the CourtVann, J.
The plaintiffs are dealers in produce residing at Victor, but buying and shipping from Lakeside, Yew York, where they are represented by the firm of Furber, Connell & Yorton. D. P. Eeynolds & Co. are produce dealers in Jersey City, Yew Jersey, where their place of business is in the freight yard of the Lehigh Valley railroad at Grand street. They sell and deliver produce from the railroad cars as they stand in the yard at that point.
Early in June, 1907, D. P. Eeynolds & Co. ordered a carload of potatoes from the plaintiffs at 85 cents per bushel, delivered, payable on presentation of a sight…
2Cases cited2 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Lossing v. . CushmanNew York Court of Appeals · 1909
3Cited by6 opinions
- Rajala v. Allied Corp.District Court, D. Kansas · 1986
- Shaheen v. Northeastern Securities Services, Inc., New York County Courts1964
- Belknap v. Dean Witter & Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Blount Seafood Corp. v. Arrow Transportation Co.Supreme Court of Rhode Island · 1956
- Gauger v. G. L. F. Waterloo Farm Products Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1950
1 more not listed; retrieve them via the Exa API.