Legal Opinion

Brauer v. . Oceanic Steam Navigation Co.

New York Court of Appeals

Decided April 26, 1904PublishedCited by 26 opinions

Appeal from a judgment, entered June 23, 1903, upon an order of the Appellate Division of the Supreme Court in the first judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on a verdict directed at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment, entered June 23, 1903, upon an order of the Appellate Division of the Supreme Court in the first judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on a verdict directed at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. A full and complete and binding contract was made between the parties for the cattle space on defendant’s steamers as alleged in the complaint. (Gates v.…

1Opinion of the CourtCullen, J.

The action was brought to recover damages for the breach of an alleged written contract whereby the defendant agreed to let to the plaintiff the cattle space in all its steamships plying between the city of New York and the city of Liverpool for the purpose of transporting cattle thereon from December 1st, 1897, to the 30th day of November, 1898, in consideration whereof the plaintiff agreed to pay forty-two shillings and six pence sterling per head. The defendant denied making the agreement. The defendant is the owner of what is commonly known as the White Star Line.. In October, 1897, the…

2Cases cited7 opinions

  1. Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
  2. Crane v. . PowellNew York Court of Appeals · 1893
  3. Dana v. . FiedlerNew York Court of Appeals · 1854
  4. Mentz v. . NewwitterNew York Court of Appeals · 1890
  5. Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
  2. Tobias v. LynchAppellate Division of the Supreme Court of the State of New York · 1920
  3. Spiegel v. LowensteinAppellate Division of the Supreme Court of the State of New York · 1914
  4. Williamsburg City Fire Insurance v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1918
  5. Lynn v. RichardsonSupreme Court of Iowa · 1911

21 more not listed; retrieve them via the Exa API.

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