Southard v. . Boyd
New York Court of Appeals
“Appeal from order of the General Term of the Court of Common Pleas of the city and county of New York, reversing a judgment in favor of plaintiffs, entered upon a verdict, and granting a new trial. This action was brought to recover commissions claimed to have been earned by plaintiffs as ship brokers in chartering a vessel for defendant. The plaintiffs were ship brokers, doing business in the city of New York.
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“Appeal from order of the General Term of the Court of Common Pleas of the city and county of New York, reversing a judgment in favor of plaintiffs, entered upon a verdict, and granting a new trial. This action was brought to recover commissions claimed to have been earned by plaintiffs as ship brokers in chartering a vessel for defendant. The plaintiffs were ship brokers, doing business in the city of New York. In December, 1862, and January, 1863, the Banks’ expedition was being fitted out at the port of New York. Cornelius Vanderbilt was appointed special agent of the government for the…
1Opinion of the Court
Earl, C.
No opinion was given at General Term, and we are, therefore, unable to see upon what precise ground the judgment was reversed. The decision of the General Term is sought to be sustained here upon two grounds, which-1 will consider:
1. At the trial the defendant’s counsel claimed to go to the jury upon the single question, “ Whether, in point of fact, defendant’s vessel was offered to the government agent before plaintiffs met him.” This was refused and an exception was taken. Suppose this>precise question had been submitted to the jury, and they had found it in favor of the defendant,…
2Cases cited1 opinion
- Lyon v. . MitchellNew York Court of Appeals · 1867
3Cited by5 opinions
- Ambatielos v. Foundation Co.New York Supreme Court · 1952
- Bradford v. Durkee Marine Products Corp.New York Supreme Court · 1943
- Beck v. BaumanAppellate Division of the Supreme Court of the State of New York · 1919
- McKee v. CheneyNew York Supreme Court · 1876
- Leahy v. Brooklyn Waterfront Terminal Corp.Appellate Division of the Supreme Court of the State of New York · 1947