Frey v. New York Central
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Central and Hudson Biver Bailroad Company, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 27th day of March, 1906, granting the plaintiff’s motion for an extra allowance of three per cent upon the recovery herein.
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Appeal by the defendant, the New York Central and Hudson Biver Bailroad Company, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 27th day of March, 1906, granting the plaintiff’s motion for an extra allowance of three per cent upon the recovery herein. The action was commenced in May, 1901, in the name of the Rogerson Fruit and Cold Storage Company, a corporation which has since the commencement of this action been dissolved and of which the plaintiff has been appointed permanent receiver, to recover…
1Opinion of the Court
McLennan, P. J.:
The moving papers fail to show any facts which render this case extraordinary. It is assumed that the plaintiff’s contention is correct, that the defendant neglected or failed to perform its duty as common carrier, in that it failed to transport the goods delivered to it by the company of which the plaintiff is receiver, so that such goods could be delivered to a certain steamship, the St. Louis, prior to its sailing, which was designated and scheduled to sail at a particular time, and that in so failing to transjDort the goods in - question the defendant was negligent, and…
2Cases cited1 opinion
- Swan v. StilesAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Dudley v. PerkinsNew York Supreme Court · 1924
- Elna Realty Co. v. Mamaquarro Apartments Corp.New York Supreme Court · 1931