Travis v. Thompson
New York Supreme Court
APPEAL by.the plaintiffs from a judgment entered on the report of a referee. The action was brought to recover a claimed balance of freight, for transportation of lumber from Montreal to Troy, alleged to be about 137,000 feet, and found by the referee to be 126,357 feet. J. A. Perkins, of Montreal, was the owner and consignor of the lumber, and the defendant the cpnsignee.
Read the full summary
APPEAL by.the plaintiffs from a judgment entered on the report of a referee. The action was brought to recover a claimed balance of freight, for transportation of lumber from Montreal to Troy, alleged to be about 137,000 feet, and found by the referee to be 126,357 feet. J. A. Perkins, of Montreal, was the owner and consignor of the lumber, and the defendant the cpnsignee. Perkins made a special contract with Clemons, Jones & Co. to forward the lumber from Canada to Troy, at $5.50 per thousand feet, and advanced them $100 upon the freight. Clemons, Jones & Co., who were shippers at Montreal,…
1Opinion of the CourtHogeboom, J.
The plaintiffs raise four points, on which they rely for a reversal of the judgment. 1. That the quantity of lumber transported was greater than that which was allowed by the referee. 2. That the defendant promised unconditionally to pay the $100, which the referee refused to allow. 3. That as a matter of legal right the plaintiffs were entitled to the $100 advanced by them to Clemons, Jones & Co. 4. That, at all events, the report of the referee is far too small an amount.
The first, second and fourth propositions are questions of fact, and may appropriately be first considered.
I. As to the…
2Cited by3 opinions
- Schneider v. EvansWisconsin Supreme Court · 1870
- Estey Co. v. DickSuperior Court of Pennsylvania · 1910
- New York Central & Hudson River Railroad v. WeilAppellate Terms of the Supreme Court of New York · 1909