Price v. . Powell
New York Court of Appeals
Edmund Price and Elijah B. Price brought an action on the case in the common pleas of the city of New-York, against Powell and others as common carriers. On the trial it appeared that on the 30th of May 1846, the plaintiffs shipped at New-York on board the brig “ Belle,” S. Myers master, some pieces qf marble commonly called tomb tops, consigned to one Hotchkiss at Wilmington, North Carolina.
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Edmund Price and Elijah B. Price brought an action on the case in the common pleas of the city of New-York, against Powell and others as common carriers. On the trial it appeared that on the 30th of May 1846, the plaintiffs shipped at New-York on board the brig “ Belle,” S. Myers master, some pieces qf marble commonly called tomb tops, consigned to one Hotchkiss at Wilmington, North Carolina. The bill of -lading was as follows: “ Shipped in good order and well conditioned, by E. Price & Son, on board the,brig called the “ Belle,” whereof S. Myers is master, now lying at the port of New-York…
1Opinion of the Court
Bronson, Ch. J.
This case has been made up in a loose and disjointed manner, and with little regard to the rules which ought to govern in framing bills of exceptions. Instead of giving, as it should, a plain and concise statement of the facts out of which the questions of law arise, the bill is made up of portions of the evidence, and these are set forth in detached and scattered parcels; making it necessary to hunt through the whole case, and draw inferences, to get at the facts relating to a single one of the many questions made by the bill; and rendering it difficult, "if not impossible, to…
2Cases cited3 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gibson v. CulverNew York Supreme Court · 1837
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
3Cited by31 opinions
- Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
- Hinkle v. Railway Express AgencySupreme Court of Alabama · 1942
- United States v. McCreadyDistrict Court, W.D. Tennessee · 1882
- Stecher Lithographic Co. v. . InmanNew York Court of Appeals · 1903
- L. L. & G. Railroad v. MarisSupreme Court of Kansas · 1876
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