Jones v. New York & Erie Rail Road
New York Supreme Court
APPEAL from a judgment of the county court, affirming the judgment of a justice of the peace. The plaintiff delivered to the defendants, at Dunkirk, 3146 pounds of dried apples to be transported to the city of New York. He alleged in his complaint that they were to be delivered in New York in four days from 7th December, 1857, and at the price for transportation of 60 cents per 100 pounds.
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APPEAL from a judgment of the county court, affirming the judgment of a justice of the peace. The plaintiff delivered to the defendants, at Dunkirk, 3146 pounds of dried apples to be transported to the city of New York. He alleged in his complaint that they were to be delivered in New York in four days from 7th December, 1857, and at the price for transportation of 60 cents per 100 pounds. The apples were delivered to the defendants, at Dunkirk, on the 4th, 5th and 7th days of December. They were shipped in two cars which left Dunkirk on the 8th of December. The day the apples were to leave,…
1Opinion of the Court
By the Court, Marvin, J.
Unless it shall be held that there Was a special contract in this case to deliver the apples in Hew York within four days, the case comes within the case of Wibert v. The New York and Erie Rail Road Company, (19 Barb. 36.) It cannot be claimed that any special agreement was made to deliver the apples in Hew York at any specified time. The plaintiff, as he says, went to Dunkirk on the 3d of December, to see what it would cost to take his apples to Hew York, and was told 60 cents a hundred; and he told the clerks he would bring the apples along and have them there by the…
2Cases cited4 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- Conger v. Hudson River RailroadThe Superior Court of New York City · 1857
- Kent v. Hudson River Rail RoadNew York Supreme Court · 1856
3Cited by8 opinions
- People ex rel. Stetzer v. RawsonNew York Supreme Court · 1872
- Rowe v. The City of DublinDistrict Court, E.D. New York · 1866
- Kane v. Metropolitan Life InsuranceCity of New York Municipal Court · 1932
- In re AaronNew York Surrogate's Court · 1887
- Cutting v. Grand Trunk Railway Co.Massachusetts Supreme Judicial Court · 1866
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