Kinnear v. Powell
The Superior Court of New York City
Appeal by the plaintiff from a judgment entered on the dismissal of his complaint at trial term.
1Opinion of the CourtMcAdam, J.
The plaintiff, the owner of the ship “Lancing,” does business in London, England, and the defendants are ship brokers in the city of Mew York.
There was some preliminary correspondence between the parties indicating an intention on the part of the owner to send the ship to Mew York to get an oil cargo for the East, with a preference for Calcutta. The defendants, as ship brokers, were expected to make the charter on behalf of the owner. Various cablegrams and letters passed between the parties, culminating in an offer, which the plaintiff accepted, by which the rate to Bombay was fixed at 25,…
2Cases cited2 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Reck v. Phenix InsuranceNew York Court of Appeals · 1891