Bird v. Beckwith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Clinton Beckwith and another, from :a judgment of the Supreme Court in favor, of the plaintiff, entered in the office of the clerk of the county of Madison on the 18tli day of May, 1899, upon the report of a referee.
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Appeal by the defendants, Clinton Beckwith and another, from :a judgment of the Supreme Court in favor, of the plaintiff, entered in the office of the clerk of the county of Madison on the 18tli day of May, 1899, upon the report of a referee. The plaintiff sought to recover in this action under the provisions of a written contract, of which the following is a copy: “ I, P. H. Bird, owner and master of the boats William G-. Ronan and Robert Walker, hereby agree to boat stone for Beck-with & Quackenbush from Port Plain to points on the Erie ■ canal between lock 45 at Frankfort, west to the…
1Opinion of the Court
Putnam, J.:
It is impossible to read the written contract, under the provisions of which the plaintiff was allowed to recover in this action, without entertaining doubts as to its meaning. It will be observed that it contains no covenant that the defendants will furnish to the plaintiff any particular quantity of stone; or all- the stone his boats would transport. The plaintiff agreed to boat stone for defendants, but the quantity was not stated. It appeared on the trial from the plaintiff’s .testimony, received without objection, that he knew that the defendants were canal contractors and…
2Cases cited3 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Petrie v. . Trustees of Hamilton CollegeNew York Court of Appeals · 1899
- Tilden v. TildenAppellate Division of the Supreme Court of the State of New York · 1896