Palmer v. Lorillard
New York Supreme Court
The declaration was, in the usual form, upon a bill THIS was an action of assumpsit brought in the Supreme Court by the defendants in error, against the plaintiffs in ' **" CITOr, °f lading of 13 hogsheads of tobacco, and charged the plaintiffs in error with a breach of the contract, in the non-delivery of the tobacco, agreeably to the bill of lading.
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The declaration was, in the usual form, upon a bill THIS was an action of assumpsit brought in the Supreme Court by the defendants in error, against the plaintiffs in ' **" CITOr, °f lading of 13 hogsheads of tobacco, and charged the plaintiffs in error with a breach of the contract, in the non-delivery of the tobacco, agreeably to the bill of lading. J , ° J . On the trial, a verdict was taken for the defendants in error, , . subject to the opinion of the Supreme Court, and a case having been made and argued, judgment was rendered for the defendants in error. The case was, afterwards, turned…
1Opinion of the Court
The Chancellor.
1. The first objection taken to the. *352judgment in this case is, that the action was misconceived; and that upon the pleadings and the finding of the jury, there appears to be no cause ot action.
If the contract of affreightment was dissolved, and at an end, by the demand of the tobacco by the owner, and the refuga] hy the master to deliver it, the action ought to have been trover: Instead of which the declaration is upon the bill of lading, and admits the contract to be still valid and subsisting. The charge is for nonperformance of the contract. The first count charges a promise…
2Cited by6 opinions
- Clendaniel v. TuckermanNew York Supreme Court · 1853
- Lessee of Allen v. Orris ParishOhio Supreme Court · 1827
- Crossley v. FabbriDistrict Court, S.D. New York · 1885
- Brown v. WebbSupreme Court of Pennsylvania · 1833
- Johnston v. DavisMichigan Supreme Court · 1886
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