McKee v. De Witt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Gr. McKee, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 2d day of October, 1896, upon the dismissal of the complaint directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of Washington.' . ■ ■ The plaintiff sought to recover, damages for injury done to a part of a cargo of potatoes upon the.:boát Quebec, which…
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Appeal by the plaintiff, James Gr. McKee, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 2d day of October, 1896, upon the dismissal of the complaint directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of Washington.' . ■ ■ The plaintiff sought to recover, damages for injury done to a part of a cargo of potatoes upon the.:boát Quebec, which was sunk at Blackwell’s island, whithei' it had., proceeded in order to deliver some potatoes to the defendant, under an…
1Opinion of the CourtLandon, J.
The' written contract is so "meagre in its .statements that it cannot be understood without understanding the situation as it existed at the time it was given. Parol evidence was, therefore, proper to give ■ the court such an understanding of the situation as. would . enable it to understand the contract, The evidence given by the plaintiff was to the effect that the plaintiff had a cargo- of potatoes upon the canal boat Quebec, lying at pier 6, East river; that the . defendant proposed to buy 1,169 barrels of the potatoes, at one dollar and fifty cents per barrel, if plaintiff would deliver…
2Cases cited2 opinions
- Bowman v. . Agricultural Insurance Co.New York Court of Appeals · 1875
- Tilden v. TildenAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Vogel v. WeissmannCity of New York Municipal Court · 1898
- Woodruff v. KleeAppellate Division of the Supreme Court of the State of New York · 1900