Day v. New York Central Railroad
Commission of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of the plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of the plaintiff, entered upon a verdict. The complaint contained two causes of action ; and for the first cause alleged in substance that in Hay, 1855, the plaintiff agreed to convey to the defendant about an acre and twotliirds of an acre of land, together with the right of ingress and egress, to and from the land so to be conveyed, to the plaintiff’s land, and to build and keep in repair cattle yards and pens for live stock, sufficient to accommodate the shipping or…
1Opinion of the Court
Earl, C.
The point was not taken by the defendant at any stage of the trial, that the plaintiff had not given sufficient proof) tending to establish the parol agreement claimed by him, to wit: That in consideration of the conveyance of the land to the defendant, it was to give to the plaintiff at his yards and pens the business of temporarily keeping and feeding all the stock which should be transported upon its road eastward from Niagara river. Hence we must assume, for the purposes of the appeal, that the parol agreement, as testified to by the plaintiff) was established. We must also assume…
2Cases cited2 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Gillet v. MaynardNew York Supreme Court · 1809
3Cited by10 opinions
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Salisbury v. Credit Service, Inc.Superior Court of Delaware · 1937
- Whyte v. RosencrantzCalifornia Supreme Court · 1899
- United Transportation Co. v. GlennAppellate Division of the Supreme Court of the State of New York · 1929
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