Van Etten v. Newton
New York Court of Common Pleas
Appeal from trial term. Action by Ambrose Van Etten against George B. Newton and others. Judgment for plaintiff. Defendants appeal.
1Opinion of the CourtLarrehore, C. J.
This was an action to recover damages in the nature of demurrage for seven days’ detention of plaintiff’s canal-boat J. M. Burt, at *532Perth Amboy, N. J., while waiting there for a cargo of coal. The order was given to the plaintiff on May 8.1888, and the canal-boat arrived at Perth Am-boy on the same day, but it was not loaded until May 17th, except that 80 tons of the cargo were placed in her on May 15th. Plaintiff bases his action— First, for a violation by defendants of their implied contract to load the boat within a reasonable time; second, for a violation of their express contract to load…
2Cases cited3 opinions
- Fisher v. AbeelNew York Supreme Court · 1873
- Rackett v. StickneyU.S. Circuit Court for the District of Southern New York · 1886
- Gilson v. MaddenNew York Supreme Court · 1869
3Cited by6 opinions
- Etten v. NewtonNew York Court of Common Pleas · 1890
- Hokanson v. Western Empire Land Co.Supreme Court of Minnesota · 1916
- Fareira v. SmithNew York Court of Common Pleas · 1893
- Pregenzer v. BurleighNew York Court of Common Pleas · 1893
- Shaver v. GillespieNew York Court of Common Pleas · 1892
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