Elwell v. Fabre
New York Court of Common Pleas
Appeal from trial term. Action by John D. Elwell against Cyprien Eabre upon a contract. Plaintiff alleged that on Eovember 11, 1888, the defendant’s steamer Burgundia left his pier, leaving on it cargo, viz., a quantity of pomegranates in excess of the bulk of 200 barrels, and that that remained there till December 29th, and that by virtue of a contract between the parties he was entitled to $1,200 therefor.
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Appeal from trial term. Action by John D. Elwell against Cyprien Eabre upon a contract. Plaintiff alleged that on Eovember 11, 1888, the defendant’s steamer Burgundia left his pier, leaving on it cargo, viz., a quantity of pomegranates in excess of the bulk of 200 barrels, and that that remained there till December 29th, and that by virtue of a contract between the parties he was entitled to $1,200 therefor. Defendant answered that he liad paid the plaintiff, under this clause of the contract,-up to the 16th of-Eovember, and he was not entitled to anything after that; and that the…
1Opinion of the CourtBischoff, J.
Plaintiff, being the lessee of the Columbia pier, and defendant, operating a line of steamers, entered into a written contract for the use of the pier during the year 1888. This agreement contained the following provision: “The parties of the second part further and in addition agree to pay to the party of the first part twenty-five (25) dollars for each day outward cargo above the bulk of 200 bbls. for any of their steamers is on said pier previous to its arrival, and twenty-five (25) each day inward or outward cargo remains on the pier after departure from the pier for sea of any of their…
2Cases cited2 opinions
- Greene v. . WhiteNew York Court of Appeals · 1867
- Harding v. BarneyThe Superior Court of New York City · 1860