Salomon v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. In November, 1909, Dr. Joslen of San Francisco arranged with Dr. Talcott of New York to accept a position with the former in California, Joslen agreeing to furnish transportation for Talcott and his wife from New York to San Francisco, and to pay other necessary traveling expenses.
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Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. In November, 1909, Dr. Joslen of San Francisco arranged with Dr. Talcott of New York to accept a position with the former in California, Joslen agreeing to furnish transportation for Talcott and his wife from New York to San Francisco, and to pay other necessary traveling expenses. To effectuate this arrangement, on November second, Joslen deposited with Thomas Cook & Sons, defendant’s agents in San Francisco, $350, the latter agreeing to deliver to Talcott in New York city…
1Opinion of the Court
Hotchkiss, J. :
The controversy submitted is whether plaintiff is entitled to judgment for the purchase price of the tickets. I think not. Aside from the conditions of the tickets that they were not transferable and were limited to the personal use of the origmal purchaser whose name was subscribed thereto, which conditions have been held to be valid (People ex rel. Fleischman v. Caldwell, 64 App. Div. 46; affd., 168 N. Y. 671; Bitterman v. Louisville & Nashville R. R., 207 U. S. 205), I think it clear that no court has power to change the contract of the parties or without fault on…
2Cases cited6 opinions
- Bitterman v. Louisville & Nashville RailroadSupreme Court of the United States · 1907
- Blake v. . GriswoldNew York Court of Appeals · 1887
- Brackett v. . GriswoldNew York Court of Appeals · 1886
- Trezona v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1898
- People Ex Rel. Fleischman v. . CaldwellNew York Court of Appeals · 1901
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