Fowler v. Liverpool & Great Western Steam Co.
New York Court of Appeals
Appeal» from order of the General Term of the Supreme Court, in the second judicial department, made December 14, 1880, which sustained defendant’s exceptions and granted a new trial (Reported below, 23 Hun, 196.) This action ivas brought to recover damages for an alleged breach of a shipping contract.
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Appeal» from order of the General Term of the Supreme Court, in the second judicial department, made December 14, 1880, which sustained defendant’s exceptions and granted a new trial (Reported below, 23 Hun, 196.) This action ivas brought to recover damages for an alleged breach of a shipping contract. The broker’s memorandum of the contract between the parties was as follows: “Hew York, October 14, 1869. • Engaged for account of Fowler Brothers, on board steamship Minnesota, or Nevada,-fox Liverpool, 300 bales of cotton at I- d.. per lb. Pier 46, Horth river CARY & GALE. Agents: "Williams &…
1Opinion of the CourtFinch, J.
We are inclined to accept the plaintiffs’ construction of the transportation agreement which has occasioned the present dispute. It seems to us reasonable and just, and most in harmony with the apparent intention and understanding of the parties. Hpon that construction the contract was substantially that if the plaintiffs should deliver the cotton to the steamship company at its pier, in reasonable time for talcing it on board the Minnesota before that vessel’s sailing day, it should be taken to Liverpool upon that steamer; otherwise, upon the Nevada, advertised to sail a week later. This…
2Cases cited1 opinion
- Laytin v. . DavidsonNew York Court of Appeals · 1884
3Cited by2 opinions
- Crenshawe v. PearceDistrict Court, S.D. New York · 1889
- White v. North German Lloyd Steamship Co.Appellate Terms of the Supreme Court of New York · 1908