Starbird v. . Barrons
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the seventh judicial district, affirming a judgment entered at the Monroe County Circuit. This case was previously before this court, but upon a different question. (38 N. Y., 230.) The facts in the case sufficiently appear in the opinion of the court. insisted, that the evidence rejected was material.
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Appeal from a judgment of the General Term of the Supreme Court, in the seventh judicial district, affirming a judgment entered at the Monroe County Circuit. This case was previously before this court, but upon a different question. (38 N. Y., 230.) The facts in the case sufficiently appear in the opinion of the court. insisted, that the evidence rejected was material. (McIntyre v. Clapp, 31 N. Y., 569; Kent v. Hudson R. R. R. Co., 22 Barb., 278; Boston Silk and Woolen Mills v. Eull, 37 How., 299; Weeks v. Pryor, 27 Barb., 81.) As to the measure of damages, Finch v. Brown (13 Wend., 603);…
1Opinion of the CourtRapallo, J.
The plaintiff was, in 27oveinber, 1858, the owner and navigator of a canal boat running between Rochester and 27ew York, via the Erie canal.
On the 10th of November, 1858, while his boat was lying at Bochester, he entered into a contract with the defendants, to receive on his boat abont 5,000 bushels of potatoes and transport them to the city of New York for the defendants, before the close of navigation. The plaintiff claims that he entered into this contract under an express stipulation on the part of the defendants, that they would load Ms boat within ¡bree days; that in violation of this…
2Cited by14 opinions
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- Enos v. EnosNew York Supreme Court · 1890
- Jefferson v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- Brady v. FosterAppellate Division of the Supreme Court of the State of New York · 1902
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