Pregenzer v. Burleigh
New York Court of Common Pleas
Appeal from first district court. Action by Simon Pregenzer against Henry G-. Burleigh and others for damages for demurrage. From a judgment for plaintiff by. the district court on trial before the justice without a jury, defendants appeal.
1Opinion of the CourtGiegerich, J.
This action was brought to recover damages, in the nature of demurrage, for the defendants’ delay in loading the plaintiff’s canal boat. The terms of the agreement are disputed: The plaintiff testified that the defendants’ agent in Hew York agreed to “load him” for the return trip “immediately, without delay,” on his arrival either at Plattsburgh or Port Henry. The agent denied that anything was said as to time, and claims that the agreement was not to “load him,” but to “give him a load.” The justice decided the issue in favor of the plaintiff, and, while a different conclusion might have…
2Cases cited6 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Cross v. . BeardNew York Court of Appeals · 1862
- Van Etten v. . NewtonNew York Court of Appeals · 1892
- Ashburner v. . BalchenNew York Court of Appeals · 1852
- Jenkins v. BrownNew York Supreme Court · 1839
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