Legal Opinion

Lee v. Grinnell

The Superior Court of New York City

Decided February 15, 1856Published

This was an action for the recovery of the proceeds of the'sale of a large quantity of mess beef belonging to the plaintiffs, and sold by the defendants on their account. The sum claimed, as the proceeds, was $14,486.89, deducting $360, as the commission of the defendants.

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This was an action for the recovery of the proceeds of the'sale of a large quantity of mess beef belonging to the plaintiffs, and sold by the defendants on their account. The sum claimed, as the proceeds, was $14,486.89, deducting $360, as the commission of the defendants. The defence was that the beef, upon the settlement of a general average, to which it was subject, was found liable to contribute the sum of $11,841.70, and that, deducting this sum and the commissions of the defendants, the sum due to the plaintiffs was only $2,214.75, which the defendants offered to pay. The cause was…

1Opinion of the Court

Duer, J.,

announced the decision of the court, and after stating the facts and the conclusions at which the court had arrived, he observed, that Mr. Justice Hoffman .had prepared an opinion, the result of their joint deliberations, in which these conclusions and the reasons upon which they were founded, were very fully stated. There was only a single question, he said, in relation to which he was not prepared, nor inclined, to assent to the views that were contained in the opinion of his brother, which, in all other respects, was to be regarded as that of the court. He was strongly inclined to…

2Cases cited6 opinions

  1. Columbian Insurance Company v. Ashby & StriblingSupreme Court of the United States · 1839
  2. Gray v. WalnSupreme Court of Pennsylvania · 1816
  3. Leavenworth v. DelafieldNew York Supreme Court · 1804
  4. Nickerson v. TysonMassachusetts Supreme Judicial Court · 1812
  5. Walker v. United States InsuranceSupreme Court of Pennsylvania · 1824

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