Heinemann v. . Heard
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 2 Hun, 324; 4 T. & C., 666.) This action was brought to recover damages for an alleged breach of duty upon the part of the defendants, as the agents of plaintiffs.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 2 Hun, 324; 4 T. & C., 666.) This action was brought to recover damages for an alleged breach of duty upon the part of the defendants, as the agents of plaintiffs. Plaintiffs, who were doing business in the city of New York, entered into an arrangement with defendants, who were commission merchants .doing business at Hong Kong and other places in China, under and by which defendants became correspondents of…
1Opinion of the Court
Church, Ch. J.
Upon the previous appeal to this court the judgment was reversed and a new trial granted upon the ground that there was sufficient evidence to go to the jury upon the question of the negligence of the defendants in not purchasing silk, and not procuring transportation for the same during the existence of the letter of credit. (50 ÜT. Y., 27.) By reference to the opinion of Bapallo, J., it will be seen that the conclusion was founded mainly upon the letter of the 14th of December, 1865, written by the defendants to the plaintiffs in answer to repeated calls from the latter, for…
2Cases cited1 opinion
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
3Cited by56 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Stewart v. . StoneNew York Court of Appeals · 1891
- Lux v. HagginCalifornia Supreme Court · 1886
- Stone v. CaseSupreme Court of Oklahoma · 1912
- First National Bank v. FordWyoming Supreme Court · 1923
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