Legal Opinion

Saratoga & Schenectady Rail Road v. Row

New York Supreme Court

Decided May 15, 1840PublishedCited by 3 opinions

This was an action of replevin for a quantity of coke, tried at the Schenectady circuit, in March, 1838, before the Hon. John P. Cushman, one of the circuit judges.

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This was an action of replevin for a quantity of coke, tried at the Schenectady circuit, in March, 1838, before the Hon. John P. Cushman, one of the circuit judges. The plaintiffs, by their agent John Costigan, purchased 50 chaldrons of coke in the city of Hew-York, and at that place made a written contract on the 30th June, 1836, by which Teáll Co. agreed to transport and deliver the coke at the rate of $1,50 per chaldron, which price was to include the expense of transferring the coke from the cellar of the store, 125 Washington-street, H. Y, to the boat, and unlading the same at…

1Opinion of the Court

By the Court,

Bronson, J.

How the jury could have found upon the evidence that there was any fraud on the part of the agents of the plaintiffs, I am at a loss to discover. But it is unnecessary to consider whether the verdict is against the weight of evidence, for I am of opinion that the case was not properly submitted to the jury.

The defendants refused to deliver the coke on being paid the contract ¡¡ price for transportation, on the ground that the cellar in which the coke lay in New-York, was a few feet further from the water than the clerk of Teall & Co. thought it was at the time the…

2Cases cited1 opinion

  1. Lloyd v. BrewsterNew York Court of Chancery · 1834

3Cited by3 opinions

  1. Nounnan v. Sutter County Land Co.California Supreme Court · 1889
  2. Mathez v. . NeidigNew York Court of Appeals · 1878
  3. Mallory v. LeachSupreme Court of Vermont · 1862

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