Stilwell v. Ocean Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Ocean Steamship Company of Savannah, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of May, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 7th day of May, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Ocean Steamship Company of Savannah, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of May, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 7th day of May, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was brought by the plaintiffs, who were forwarders, to recover for the breach of an alleged contract, whereby the .defendant had agreed to…
1Opinion of the Court
Barrett, J.:
The defendant claims that no contract was proved by the facts above stated, and that the transaction evidenced thereby amounted to nothing more than an agreed statement as to the rates. If that was the understanding of the parties they would hardly have resorted to formal writings upon the subject. The intention surely was to do something more than convey information. The intention was clearly to bind. The letters were not written merely to refresh the recollection of the people who had spoken to each other at the telephone, nor to keep a record of a passing conversation. It will…
2Cases cited1 opinion
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
3Cited by5 opinions
- Grossman v. . SchenkerNew York Court of Appeals · 1912
- Ben C. Jones & Co. v. Gammel-Statesman Publishing Co.Texas Supreme Court · 1907
- Bullock v. CuttingAppellate Division of the Supreme Court of the State of New York · 1913
- Brauer v. Oceanic Steam Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Netterstrom v. Peerless Portland Cement Co.Appellate Court of Illinois · 1907