Sipperly v. Stewart
New York Supreme Court
APPEAL frota a judgment entered upon the report of a referee. The action was brought to recover for the use of the plaintiff’s canal boat, (Miles Case.) The case was tried before a referee. It appeared on the trial that, in the month of November, 1861, the plaintiff contracted with the defendants to carry ten thousand bushels of oats from Ohittenango to New York upon his canal boat.
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APPEAL frota a judgment entered upon the report of a referee. The action was brought to recover for the use of the plaintiff’s canal boat, (Miles Case.) The case was tried before a referee. It appeared on the trial that, in the month of November, 1861, the plaintiff contracted with the defendants to carry ten thousand bushels of oats from Ohittenango to New York upon his canal boat. The plaintiff arrived in New York, with boat and cargo, on or about the 3d day of December, 1861. He called upon one Daniels, the agent of, the defendants, - who directed- the plaintiff to leave the oats on board…
1Opinion of the Court
By the Court,
Miller, J.
According to the agreement, as found by the referee, the plaintiff was to leave a hand on the boat to take care of it. As the person employed had left, and no one remained, and no one was designated in season by the plaintiff, I think the defendants’ agent was authorized, temporarily, at least, to employ a proper person for that purpose. Whether he should not have discharged the person thus employed, after the plaintiff’s letter was received requesting him to let Beals take charge of the boat, or after *66Eeals had called and offered to do so, is perhaps unnecessary to…
2Cases cited3 opinions
- The People v. . CookNew York Court of Appeals · 1853
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Smith v. HillNew York Supreme Court · 1856
3Cited by11 opinions
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Belasco Theatre Corp. v. Jelin Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
- Gerseta Corp. v. Silk Ass'nAppellate Division of the Supreme Court of the State of New York · 1927
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1955
- Cavanagh v. O'NeillNew York Supreme Court · 1897
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