Baker v. Johnson
The Superior Court of New York City
The complaint in this action sets forth a contract between the plaintiffs and defendants, dated July 19, 1862, whereby the latter sold the former two hundred and fifty barrels of alcohol, in prime western barrels of four iron hoops, to be delivered between August 20,1862, and August 31, 1862, on board vessel at 45 cents a gallon, cost.
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The complaint in this action sets forth a contract between the plaintiffs and defendants, dated July 19, 1862, whereby the latter sold the former two hundred and fifty barrels of alcohol, in prime western barrels of four iron hoops, to be delivered between August 20,1862, and August 31, 1862, on board vessel at 45 cents a gallon, cost. That the plaintiffs, on the 30th of August, demanded delivery of the alcohol on board the ship Adriatic, and tendered the purchase money— that the defendants refused—and demand judgment for damages in difference of value, The answer sets up that the agreement…
1Dissent
Robertson, Ch. J.
(dissenting.) If the contract in question is to be construed as being merely for the delivery by the defendants, between certain days in August following, of a certain quantity of alcohol, of a certain degree of strength, then' liability may be conceded. Nor would they escape such liability, if such alcohol was required to be merely such as would be subjected to the duty imposed by the United States internal revenue act of July, 1862, in case it should take effect as originally prescribed therein, on the 1st of August, 1862. Because, in neither case, was there any…
2Cases cited11 opinions
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
- Many v. Beekman Iron Co.New York Court of Chancery · 1841
- Grant v. CourterNew York Supreme Court · 1857
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