Lorillard v. . Clyde
New York Court of Appeals
Appeal by plaintiff from judgment of the General Term of the Superior Court of the city of New York, entered upon an. order made May 7, 1888, which affirmed a judgment in favor of defendants entered upon the report of a referee. This was an action upon a contract; the substance of which, as well as the material facts, are stated in the opinion.
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Appeal by plaintiff from judgment of the General Term of the Superior Court of the city of New York, entered upon an. order made May 7, 1888, which affirmed a judgment in favor of defendants entered upon the report of a referee. This was an action upon a contract; the substance of which, as well as the material facts, are stated in the opinion. The contract was intended to inure by both parties, to the benefit of the Lorillard Steamship Co., and the latter had, and the plaintiff as its assignee has, a legal status thereunder. (Lawrence v. Fox, 20 N. Y. 268; Curtis v. Tyler, 9 Paige, 432;…
1Opinion of the CourtPotter, J.
The allegations of the plaintiff’s complaint are substantially that defendants are the survivors of the members of the copartnership of Wm. Clyde & Co., existing in June, 1874, and engaged in the business of the transportation of freight between New York and Philadelphia, and that they entered into an agreement with plaintiff at that time, a copy of which is annexed to and forms a part of the complaint.
Of course the provisions and statements contained in the agreement are to be treated as allegations of the complaint, so far as they serve to constitute a cause of action. The agreement was…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Wheat v. . RiceNew York Court of Appeals · 1884
3Cited by22 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Kramer v. GardnerSupreme Court of Minnesota · 1908
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