Nelson v. Belmont
The Superior Court of New York City
The case came up for judgment upon a verdict for the plaintiff for $10,000, rendered before the Chief Justice'and a jury, subject to the opinion of the court at General Term. There was also a stipulation of the attorneys to the following effect: “It is agreed that a verdict herein be taken for $10,000, subject to the opinion of the court, and to be entered as a verdict for the defendant, on such opinion, for a like amount.
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The case came up for judgment upon a verdict for the plaintiff for $10,000, rendered before the Chief Justice'and a jury, subject to the opinion of the court at General Term. There was also a stipulation of the attorneys to the following effect: “It is agreed that a verdict herein be taken for $10,000, subject to the opinion of the court, and to be entered as a verdict for the defendant, on such opinion, for a like amount. In case the court shall adjudge the plaintiff to be entitled to a recovery on any principles, the cause shall be referred to a referee, with instructions, and subject to…
1Opinion of the Court
The facts and the points raised by the counsel, sufficiently appear in the opinion of the court.
By the Court. Hoffman, J.
The material facts of the case upon which the decision must rest, are these:—•
The ship Galena sailed from New Orleans, bound for Havre, in July, 1853. The cargo was chiefly cotton, with a few thousand staves, and eight kegs of specie, six of which were shipped by the *312defendant, and two by other persons. On Saturday the 23d July, the ship was struck by lightning between one and two o’clock. It struck the mizzen topgallant-mast, passed down the mizzen-mast into the cabin, and…
2Cases cited5 opinions
- Barker v. Phoenix InsuranceNew York Supreme Court · 1811
- Gray v. WalnSupreme Court of Pennsylvania · 1816
- M'Gooch v. M'GoochMassachusetts Supreme Judicial Court · 1808
- Walden v. Le RoyNew York Supreme Court · 1805
- Whitteridge v. NorrisMassachusetts Supreme Judicial Court · 1809
3Cited by9 opinions
- Ralli v. TroopSupreme Court of the United States · 1895
- Heye v. North German LloydDistrict Court, S.D. New York · 1887
- Compagnie Generale Transatlantique v. HoguetDistrict Court, S.D. New York · 1888
- Mills v. Old Colony Steamboat Co.Massachusetts Supreme Judicial Court · 1884
- The MulhouseDistrict Court, S.D. Florida · 1859
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