Ceballos v. Munson Steamship Line
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Juan M. Ceballos and others, as copartners trading under the firm name and style of J. M. Ceballos & Co., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 8th day of August, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term at which the jury had passed upon certain questions submitted to them.
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Appeal by the plaintiffs, Juan M. Ceballos and others, as copartners trading under the firm name and style of J. M. Ceballos & Co., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 8th day of August, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term at which the jury had passed upon certain questions submitted to them. The action was brought to recover commissions on freights under an alleged contract between the plaintiffs’ predecessor, Juan M.…
1Opinion of the Court
Jenks, J.:
I think that the nonsuit cannot be sustained. The learned court, by consent of counsel, submitted to the jury as the second question: “ Was the agreement made between the plaintiffs’ predecessor and the defendant’s predecessor in October, 1897, to continue so long as, Walter D. Munson should carry cattle to Cuba?” The learned court, without objection, charged the jury that if they answered this question in the affirmative, they should pass to the further question whether the defendant took over the contract. The testimony of Mr. Eohl, admitted without objection as to variance,…
2Cases cited12 opinions
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Kromer v. . HeimNew York Court of Appeals · 1879
- Walker v. WoodIllinois Supreme Court · 1897
- Ryan v. PistoneNew York Supreme Court · 1895
- Shaw v. McGregoryMassachusetts Supreme Judicial Court · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Yazoo & Mississippi Valley Railroad v. SearlesMississippi Supreme Court · 1904
- Cumberland Telephone & Telegraph Co. v. State ex rel. Attorney-GeneralMississippi Supreme Court · 1911
- United States v. GroverDistrict Court, N.D. California · 1915
- Ceballos v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1906
- H. E. Swezey & Son Motor Transportation, Inc. v. Reich Bros. Long Island Motor Freight, Inc.Appellate Division of the Supreme Court of the State of New York · 1947
1 more not listed; retrieve them via the Exa API.