Legal Opinion
Whelan v. . Lynch
New York Court of Appeals
Decided April 20, 1875PublishedCited by 24 opinions
1Opinion of the Court
The court, upon the trial of this action, charged the jury that if the plaintiff was entitled to recover at all, he would be entitled to the highest price which wool of this description had reached in the market between October 24th, 1864, and the time when the action was commenced, and the defendant duly excepted to the charge.
That the charge was erroneous, I think is clearly manifest. The complaint is on a contract, and alleges that on the 24th of October, 1864, the plaintiff gave instructions to sell and dispose of the wool immediately, and claims to recover the amount which the wool would…
2Cases cited5 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Baker v. . DrakeNew York Court of Appeals · 1873
- Ormsby v. . Vermont Copper Mining CompanyNew York Court of Appeals · 1874
- Matthews v. . CoeNew York Court of Appeals · 1872
- Terry v. McNielNew York Supreme Court · 1870
3Cited by24 opinions
- Virginia v. West VirginiaSupreme Court of the United States · 1915
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Aldrich v. City of New YorkNew York Supreme Court · 1955
- People v. GrossAppellate Division of the Supreme Court of the State of New York · 1976
- Mohr v. ShultzIdaho Supreme Court · 1964
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