Coleman v. . Eyre
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of the city of New York, reversing a judgment entered on the report of a referee in favor of the plaintiff) and granting a new trial. The facts in the case sufficiently appear in the opinion of the court. that the consideration was sufficient.
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Appeal from an order of the General Term of the Superior Court of the city of New York, reversing a judgment entered on the report of a referee in favor of the plaintiff) and granting a new trial. The facts in the case sufficiently appear in the opinion of the court. that the consideration was sufficient. (Comyn’s Digest, vol. 1, p. 199 B. 7; 2 Blackstone Com., 444; 2 Kent Com., 465; 1 Chitty Pleadings, 297; Chitty’s Contracts, 41; Parsons’ Contracts, vol. 1, p. 468; Billings v. Vanderbeck, 23 Barb., 552; Quarles v. George, 23 Pick., 401; Cartwright v. Cook, 3 B. & Adol, 701; McNeil v. Reid,…
1Opinion of the CourtRapallo, J.
The plaintiff was interested to the extent of one-fourth in the profits or losses of a shipment of coffee undertaken by him jointly with other parties. After the adventure had been begun, and before the coffee had reached its port of destination, it was mutually agreed between the plaintiff and the defendant that the latter should have one-half interest in the plaintiff’s one-fourth interest in the adventure. The speculation resulted in a loss, and this action was brought to recover one-half of the plaintiff’s proportion of such loss. It is now claimed on the part of the defendant that no…
2Cases cited1 opinion
- Briggs v. TillotsonNew York Supreme Court · 1811
3Cited by13 opinions
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Sanger v. . FrenchNew York Court of Appeals · 1898
- People v. PereauNew York Court of Appeals · 1985
- Eden v. MillerCourt of Appeals for the Second Circuit · 1930
- Minehan v. HillAppellate Division of the Supreme Court of the State of New York · 1911
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