Dunham v. . Bower
New York Court of Appeals
Appeal from judgment of the General, Term of the Supreme Court, in the third judicial department, entered upon an order denying a motion for a new trial, and directing judgment on an order nonsuiting plaintiff on trial. This action ivas brought to recover damages for the loss of a number of barrels of apples, alleged to have been caused by the failure to perform, on the part of defendant, of a contract to transport said apples by boat from Watkins to the city of Now York.
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Appeal from judgment of the General, Term of the Supreme Court, in the third judicial department, entered upon an order denying a motion for a new trial, and directing judgment on an order nonsuiting plaintiff on trial. This action ivas brought to recover damages for the loss of a number of barrels of apples, alleged to have been caused by the failure to perform, on the part of defendant, of a contract to transport said apples by boat from Watkins to the city of Now York. Plaintiff’s evidence was to the effect that defendant agreed to load and start the apples on or before November 8th, 1873,…
1Opinion of the Court
Church, Ch. J.
The only question presented in this case is whether the judgment in favor of the defendant against the plaintiff for the freight in transporting the apples from Watkins to Ilion is a bar to the plaintiff’s claim in this action.
This action is brought upon the contract to transport the apples from Watkins to New York, by which it is alleged that the defendant agreed to start oil the 8th of November, and that he did not start until the 12th, by reason of which the apples were frozen, and destroyed.
A judgment or decree of a court having jurisdiction of the subject-matter, and of the…
2Cases cited5 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Blair v. . BartlettNew York Court of Appeals · 1878
- Gates v. . PrestonNew York Court of Appeals · 1869
- Collins v. . BennettNew York Court of Appeals · 1871
- Bellinger v. CraigueNew York Supreme Court · 1860
3Cited by38 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Pray v. . HegemanNew York Court of Appeals · 1885
- Reich v. . CochranNew York Court of Appeals · 1896
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Lawson v. ConawayWest Virginia Supreme Court · 1892
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