Woodruff v. . Havemeyer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of February, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of February, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The plaintiffs were owners of certain wharves, piers and warehouses at the foot of' Joralemon street, in the city of Brooklyn, within the port of New York, erected on land under water within the boundaries mentioned in chapter 156 of the Laws of 1848, and chapter 313 of the Laws of…
1Opinion of the CourtAndrews, J.
The defense to this action on the merits, if it has any foundation, rests upon the assertion by the defendants of the right to disregard and repudiate their written contract contained in the bills of lading, to pay landing and wharfinger’s fees at the rate specified in the margin of the bills, although the carriers exercised their option to discharge the sugars in Brooklyn. It is manifest that this defense cannot be maintained upon the ordinary and general rules applicable to contracts. The option reserved by the carrier to discharge the sugars in Brooklyn contemplated a delivery upon a wharf…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- The DelawareSupreme Court of the United States · 1872
- Wetmore v. . the Brooklyn Gas Light Co.New York Court of Appeals · 1870
- Whitworth v. . Erie Railway CompanyNew York Court of Appeals · 1882
- Morse v. PesantNew York Court of Appeals · 1865
3Cited by8 opinions
- Central Transportation Co. v. Commercial Shipping Corp.Court of Appeals for the Second Circuit · 1920
- State ex rel. Wood v. SmithSupreme Court of Missouri · 1893
- Empire Warehouse Co. v. The BrooklynDistrict Court, S.D. New York · 1891
- International Hide & Skin Co. v. New York Dock Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Avrutin v. HenselAppellate Terms of the Supreme Court of New York · 1896
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