Richmond v. Bronson
New York Supreme Court
Assumpsit tried at the Onondaga circuit in September, 1844, before Whiting, Cir. J. The defendants were sued as common carriers of a quantity of salt shipped by the plaintiffs in the defendants’ vessel at Oswego, consigned to the plaintiffs’ agents at Chicago. The evidence tended to show that 269 barrels were shipped and that only 121 barrels were delivered to the consignees. What had become of the residue did not appear.
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Assumpsit tried at the Onondaga circuit in September, 1844, before Whiting, Cir. J. The defendants were sued as common carriers of a quantity of salt shipped by the plaintiffs in the defendants’ vessel at Oswego, consigned to the plaintiffs’ agents at Chicago. The evidence tended to show that 269 barrels were shipped and that only 121 barrels were delivered to the consignees. What had become of the residue did not appear. The plaintiffs proved by a witness that the retail price of salt at Chicago, when this parcel ought to have been delivered, ivas from four dollars to four dollars and a half…
1Opinion of the Court
By the Court, Whittlesey, J.
A point which it was material for the plaintiffs to make out on the trial, was the value of the salt at Chicago. The witness whom they called to establish this fact proved the market value at retail, but was unable to state the value when sold by the quantity. The defendants, to give further aid to the jury in ascertaining the true market value at Chicago, proposed to prove its market value at Oswego and also the expense of transportation to Chicago. This proposition was rejected by the circuit judge, *57It seems to me this evidence was. admissible, and was improperly…
2Cases cited3 opinions
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- Watkinson v. LaughtonNew York Supreme Court · 1811
3Cited by11 opinions
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Rhemke v. ClintonUtah Supreme Court · 1880
- Godbe v. YoungUtah Supreme Court · 1876
- Black v. Camden & Amboy Railroad & Transportation Co.New York Supreme Court · 1865
- Lakeman v. GrinnellThe Superior Court of New York City · 1859
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