Worth v. Edmonds
New York Supreme Court
THIS is an appeal by the defendant from a judgment rendered in the county court of Columbia county, in favor of the plaintiff, for $191.53 damages and costs.
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THIS is an appeal by the defendant from a judgment rendered in the county court of Columbia county, in favor of the plaintiff, for $191.53 damages and costs. The plaintiff brought the action to recover damages for an alleged breach of a contract by which the defendant, for the compensation of $50, agreed to go, on the night of December 10,1864, from the village of Athens to Hew Paltz, with his steamboat, and tow to said village of Athens the plaintiff’s sloop, loaded with stone. The plaintiff had previously agreed to transport the stone from Hew Paltz to Athens for the Saratoga and Hudson…
1Opinion of the Court
By the Court, Ingalls, J.
We are of opinion that the judgment cannot be supported, for several reasons.
First. The plaintiff was allowed to recover for loading and unloading the stone, which seiwice was included in the $150 which he was to receive for transporting the stone. In the recovery, the plaintiff was allowed $100, which sum embraced all the charges attending such transportation, except the $50 which he agreed to pay the defendant for towing the sloop. It, therefore, appears quite clear, to my mind, that the plaintiff" in recovering the $100, *42was allowed the expense of loading and…
2Cases cited6 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Merritt v. . EarleNew York Court of Appeals · 1864
- Parsons v. HardyNew York Supreme Court · 1835
- Fahy v. NorthNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Buffalo & Lancaster Land Co. v. Bellevue Land & Improvement Co.New York Court of Appeals · 1901
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
- Elsman v. Glens Falls Indemnity Co.New York Supreme Court · 1933
- Chevra Bnai Israel Aushe Yanove und Motal v. Chevra Bikur Cholim Aushe Rodof SholemAppellate Terms of the Supreme Court of New York · 1898
- Reichert v. SpiessAppellate Division of the Supreme Court of the State of New York · 1922
2 more not listed; retrieve them via the Exa API.