Wright v. Boughton
New York Supreme Court
PPEAL from a judgment entered upon a verdict. The questions came up upon exceptions taken on the trial. It was alleged in the complaint that the defendants were common carriers between Lewiston, in New York, and Battle Creek and Kalamazoo, in Michigan.
Read the full summary
PPEAL from a judgment entered upon a verdict. The questions came up upon exceptions taken on the trial. It was alleged in the complaint that the defendants were common carriers between Lewiston, in New York, and Battle Creek and Kalamazoo, in Michigan. That in August, 1852, the plaintiffs entered into a contract with the defendants to carry, transport and deliver safely, two quarter casks of brandy, one of them to be delivered at Kalamazoo, and the other at Battle Creek, in Michigan, in good order and condition. That the said casks of brandy were delivered to the defendants, at Lewiston, so…
1Opinion of the Court
By the Court, Marvin, J.
It is claimed by the plaintiffs, that the defendants -entered into a contract to carry and -transport the brandy, -one cask to Battle Creek and the -other to *565Kalamazoo, Michigan, and that such contract was evidenced hy the instruments dated August 12. One of these instruments was signed by Boughton—(it is conceded that if he became liable, all the defendants were liable)—and was delivered to the plaintiffs; the others were signed by the plaintiffs, and were delivered to the defendants. It is claimed that these instruments constituted the contract between the parties.…
2Cited by4 opinions
- Ash v. Century Lumber Co.Supreme Court of Iowa · 1911
- Read v. WorthingtonThe Superior Court of New York City · 1862
- Berg v. Narragansett Steamship Co.New York Court of Common Pleas · 1874
- Soviero v. Westcott Express Co.Appellate Terms of the Supreme Court of New York · 1905