Patrick v. Metcalf
The Superior Court of New York City
This was an action brought by James Patrick and Alexander McDougal, to recover from the defendants, Benjamin F. Metcalf and Samuel Duncan, a certain sum of money received by the defendants from officers of the government of the United States, for the transportation of certain goods from Hew York to Mare’s Island. The complaint alleged that the plaintiffs were partners composing the firm of James Patrick & Co., and the defendants composed the firm of Metcalf & Duncan.
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This was an action brought by James Patrick and Alexander McDougal, to recover from the defendants, Benjamin F. Metcalf and Samuel Duncan, a certain sum of money received by the defendants from officers of the government of the United States, for the transportation of certain goods from Hew York to Mare’s Island. The complaint alleged that the plaintiffs were partners composing the firm of James Patrick & Co., and the defendants composed the firm of Metcalf & Duncan. That prior to July 5, 1859, a firm of Wells & Emanuel had chartered a vessel for a voyage from Hew York to San Francisco. That…
1Opinion of the CourtRobertson, J.
There was no proper evidence in this case of any charter of the vessel in question, entitling the plaintiffs to any freight, and it was not pretended that Wells & Emanuel had any other authority to collect it than the charter in evidence. The allegation in the complaint, of a charter, was distinctly put in issue by being controverted in the answer. (Code, §§ 149, 168.) If the plaintiffs wished to avail themselves of the adrnission in such answer of a charter containing the particular provisions therein alleged, he should have read it, and it would then have been evidence for the defendant of…
2Cases cited3 opinions
- Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
- Munsell v. LewisNew York Supreme Court · 1845
- Dorlon v. DouglassNew York Supreme Court · 1849