Ayres v. . the Western Railroad Cor.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the Third district, affirming a judgment for the plaintiff) rendered on the decision of a judge without a jury.
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Appeal from a judgment of the General Term of the Supreme Court in the Third district, affirming a judgment for the plaintiff) rendered on the decision of a judge without a jury. This was an action to recover the value of certain eases of paper, shipped by the plaintiff’s assignor on board the cars of the defendant, at Springfield, Mass., and consigned to several parties in the Western States, via The Western Transportation Company, and burned at the defendant’s depot in East Albany, July 5th, 1861. Thé cause of action (stated in the complaint to be for breach of a contract to carry safely…
1Opinion of the CourtFolq-eb, J.
On this appeal, this court may review the determination of the General Term upon the demurrer of the plaintiff to the second answer of the defendant. It was an intermediate order, involving the merits and necessarily affecting the judgment. (Code, § 11, 1.)
The second answer was good in form, its allegations were sufficient to permit proof of all the facts essential to make out the defence set up. It was good in substance also, and alleged a valid defence unless it was obnoxious to the limitation of the jurisdiction of the District and Circuit Courts of the United States, contained in the…
2Cited by4 opinions
- Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876
- Sharp v. GutcherIndiana Supreme Court · 1881
- Hobby v. AllisonU.S. Circuit Court for the District of Michigan · 1882
- Leutze v. ButterfieldNew York Court of Common Pleas · 1877