Briggs v. Vanderbilt
New York Supreme Court
THIS was an appeal from a judgment entered upon the report of a referee. There were seven other actions brought against the defendants, by Schuyler Button, John McPhee, Horatio G. Clark, William W. Goodrich, Henry H. Perkins, Henry Douglass and Morris B. Andrews, respectively, for the same causes of action as those in controversy in this suit.
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THIS was an appeal from a judgment entered upon the report of a referee. There were seven other actions brought against the defendants, by Schuyler Button, John McPhee, Horatio G. Clark, William W. Goodrich, Henry H. Perkins, Henry Douglass and Morris B. Andrews, respectively, for the same causes of action as those in controversy in this suit. The actions were brought by the plaintiffs, respectively, to recover damages for the non-performance of alleged contracts for the transportation of the plaintiffs from the city of New York to the city of San Francisco. The complaint in each action…
1Opinion of the Court
By the Court,
S. B. Strong, J.
If the referee was right in supposing that the plaintiffs’ only substantiated claim was for a return of the money advanced for the passage in the steamer North America on the Pacific, as paid on the mistaken *236supposition that she was capable of performing the service, when she was in fact a wreck at the time, he erred in awarding the money on the third count in the complaint. That count was for a breach of contract; but, upon the principle assumed by the referee, the contract was inoperative for any purpose, and the plaintiff was entitled to a restoration of his…
2Cited by11 opinions
- Williams v. . VanderbiltNew York Court of Appeals · 1863
- Smith v. McCluskeyNew York Supreme Court · 1866
- Birdsall v. CaryNew York Supreme Court · 1883
- Bonsteel v. Vanderbilt & DrewNew York Supreme Court · 1855
- Darling v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1865
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