Graham v. Cammann
New York Supreme Court
IN error on a bill of exceptions tendered to the mayor of the city of New York, on a charge given by him to the jury, in an action brought by the now defendant, against the present plaintiff, for the non-delivery, in good order and condition, of a certain quantity of coffee at Amsterdam, according to his contract; the exception was, that “ the said Edward Livingston, Esq., mayor as aforesaid, did then and there declare and deliver his opinion to the jury aforesaid, that the…
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IN error on a bill of exceptions tendered to the mayor of the city of New York, on a charge given by him to the jury, in an action brought by the now defendant, against the present plaintiff, for the non-delivery, in good order and condition, of a certain quantity of coffee at Amsterdam, according to his contract; the exception was, that “ the said Edward Livingston, Esq., mayor as aforesaid, did then and there declare and deliver his opinion to the jury aforesaid, that the said several matters so produced and proved as aforesaid, on the part of the defendant, were not sufficient to entitle…
1Opinion of the CourtSpencer, J.
Without examining whether the charge of the mayor was ^correct or not, as respects the facts, it appears clearly to us that the plaintiff in error has mistaken his remedy. A bill of exceptions ought to be on some point of law, either in admitting or denying evidence, or a challenge, or some matter of law, arising upon a fact not denied, in which either party is overruled by the court. In the present case we can perceive no error in point of law in the charge given. The onus probandi of the loss of the coffee, as was stated to the jury, lay on the now plaintiff, and he was bound to show it…
2Cited by6 opinions
- Beverly v. BurkeSupreme Court of Georgia · 1851
- Packard v. HillNew York Supreme Court · 1827
- Picket v. AllenSupreme Court of Connecticut · 1834
- Shelton v. HoadleySupreme Court of Connecticut · 1843
- Varnum v. TaylorThe Superior Court of New York City · 1863
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