Rodgers v. . Phillips
New York Court of Appeals
This action was brought to recover the purchase price of 188 tons of coal, amounting to the sum of $651.30. The coal was contracted to be sold by the plaintiffs to the defendants by an oral agreement, entered into prior to the 26th day of June, 1858. By the terms of this agreement, it was to be shipped on board a boat at Richmond, in the State of Pennsylvania, for the defendants, and to be carried from there to.
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This action was brought to recover the purchase price of 188 tons of coal, amounting to the sum of $651.30. The coal was contracted to be sold by the plaintiffs to the defendants by an oral agreement, entered into prior to the 26th day of June, 1858. By the terms of this agreement, it was to be shipped on board a boat at Richmond, in the State of Pennsylvania, for the defendants, and to be carried from there to. Twenty-eighth street, on the East river, in the city of Rew York; the defendants paying the freight for the same. ' The coal was shipped hy the plaintiffs on board the coal boat, I.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] A large portion of the evidence, contained in the case, was given upon the trial for the purpose of showing that the plaintiffs had negligently misconducted themselves in lading the coal upon an unsafe and unseaworthy vessel; and that in consequence of that misconduct the coal had been lost. This defence was properly rejected by the court, for the reason that it had not been set forth in the answer.
The disposition which should now be made of the controversy…
2Cases cited2 opinions
- Brabin v. . HydeNew York Court of Appeals · 1865
- Waldron v. . RomaineNew York Court of Appeals · 1860
3Cited by33 opinions
- Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Allard v. . GreasertNew York Court of Appeals · 1874
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
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