Jones v. . Osgood
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the seventh district, where a judgment entered upon a verdict in favor of the defendant, had been affirmed. This was an action of replevin in the delinet, for a canal-boat, in. which the property had been delivered to the plaintiff by virtue of the writ.
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Appeal from the general term of the Supreme Court, in the seventh district, where a judgment entered upon a verdict in favor of the defendant, had been affirmed. This was an action of replevin in the delinet, for a canal-boat, in. which the property had been delivered to the plaintiff by virtue of the writ. The defendant pleaded: 1. That he did not detain the boat. 2. That the property in the same was in one Lowell. 3. That it was in Lowell and the defendant. • *Upon the trial, the judge (Welles, J.) charged -* the jury, that the contract proved between the plaintiff and Lowell, was a…
1Opinion of the CourtJohnson, J.
(after stating the facts.) — The charge contained several propositions; as to some of which, there is no doubt that they were in accordance with the law; some of them are, to say the least, of doubtful correctness. Upon the argument, two questions were made; one, that the judge erred in his construction of the con tract, in holding that Lowell was entitled to a reasonable time, after demand, to manufacture the boots and shoes required under the contract; the other, that the instructions of the judge as to damages, were incorrect.
The exceptions taken did not call the attention of the judge to…
2Cases cited1 opinion
- Lansing v. WiswallNew York Supreme Court · 1848
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- City of Wyandotte v. NobleSupreme Court of Kansas · 1871
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