Nichols v. Scranton Steel Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 19, 1892, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee had no power to amend the complaint as he did upon the trial. (Code Civ. Pro. § 723; Verplank v. M. Ins. Co., 1 Ed. Ch. 52; Harris v. K. Ins.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 19, 1892, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee had no power to amend the complaint as he did upon the trial. (Code Civ. Pro. § 723; Verplank v. M. Ins. Co., 1 Ed. Ch. 52; Harris v. K. Ins. Co., 5 Wend. 654; Whitnmarsh v. Campbell, 2 Paige Ch. 67; Harris v. Tumbridge, 83 N. Y. 97; Reader v. Sayre, 70 id. 190; Button v.…
1Opinion of the CourtPeckham, J.
This action was brought to recover damages said to have been sustained by the assignor of the plaintiff by reason of a refusal of the defendant to be further bound by the terms of a contract for the sale of thirty-thousand tons of pig iron to it, and which it repudiated after a large amount of the iron contracted for had been delivered. The contract price was $23.50 per gross ton and the market price had dropped since the execution of the contract to $18 per ton. The plaintiff demanded over a hundred thousand dollars damages. The contract was in writing and was entered into December, 1889. It…
2Cited by48 opinions
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- Smyth v. United StatesSupreme Court of the United States · 1937
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