Beach v. . Raritan Delaware Bay R.R. Co.
New York Court of Appeals
Appeal from judgment upon a verdict for the Plaintiffs, affirmed by the Supreme Court, 'in General Term of the Third District.
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Appeal from judgment upon a verdict for the Plaintiffs, affirmed by the Supreme Court, 'in General Term of the Third District. The Plaintiffs being owners in possession of the barge called the “ Globe,” let it to the Defendant Mellen on the 19th of March, 1860, until the first of October thereafter, for the price or “rent” of $400. On or about the 5th of September, the Appellants, the railroad company, without the knowledge or consent of the Plaintiffs, and,, according to Appellants evidence, on the representation and in-the belief that Mellen was owner, hired the barge from Mellen, at $5 per…
1Opinion of the CourtWoodruff, J.
The Defendants, by objections to evidence, and by request for instructions- fo- the jury, insisted that the telegram sent by the Plaintiffs at Catskill, on Monday, the 19th .of March, 1860, to Mellen (the lessee of. the. barge) in blew York, is to be: taken as the only legal evidence of the contract for the barge! made with the Plaintiffs,, and that therefore all proof -of -the .oral negotiations or agreement made by Mellen -with the Plaintiffs .at Catskill, on the Saturday -previous—March-17th—was inadmissible, and should be disregarded-. .
This claim is important, because if the use in which…
2Cases cited9 opinions
- Campbell v. . WoodworthNew York Court of Appeals · 1859
- Read v. . SpauldingNew York Court of Appeals · 1864
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Ely v. . EhleNew York Court of Appeals · 1850
- Anderson v. . NicholasNew York Court of Appeals · 1863
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