Goodrich v. . Thompson
New York Court of Appeals
Appeal from an order of the General Term of the New York Superior Court, affirming a judgment entered upon the report of a referee, in favor of the plaintiff, for $7,413.97. The action was brought in the Superior Court of the city of New York, by the plaintiffs, for the recovery of damages from the defendants, who were the proprietors of the “ Ham-den’s Express,” for the non-fulfillment, according to the allegations of the complaint, of their agreement made on the first day…
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Appeal from an order of the General Term of the New York Superior Court, affirming a judgment entered upon the report of a referee, in favor of the plaintiff, for $7,413.97. The action was brought in the Superior Court of the city of New York, by the plaintiffs, for the recovery of damages from the defendants, who were the proprietors of the “ Ham-den’s Express,” for the non-fulfillment, according to the allegations of the complaint, of their agreement made on the first day of December, 1855, to forward, as common carriers, three boxes of merchandise by the steamship “ Ocean Bird,” from the…
1Opinion of the Court
Lott, Ch. C.
The motion for the dismissal of the complaint, after all the testimony given on the trial had been introduced, is stated in the case to have been made on the following grounds, among others :
1st. That the receipt, exhibit A, did not restrict the defendants as to the mode of conveyance, and oblige them to forward by Ocean Bird.
2d. That as the Ocean Bird did not make the trip contemplated, the defendants were entitled to send by any other usual, customary and proper mode of conveyance.
3d. That the exhibit A was not made by the defendants or their authority, and was not obligatory…
2Cases cited2 opinions
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Newell v. . DotyNew York Court of Appeals · 1865
3Cited by16 opinions
- Northern Pacific Railway Co. v. American Trading Co.Supreme Court of the United States · 1904
- The BordentownDistrict Court, S.D. New York · 1889
- McKahan v. American Express Co.Massachusetts Supreme Judicial Court · 1911
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Weaver v. Southern Railway Co.Missouri Court of Appeals · 1909
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