Niagara Falls Paper Co. v. Lee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George A. Lee and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 24th day of March, 1896, upon the verdict of a jury for $1,282.47, and also from an order entered in said clerk’s office on the 2d day of April, 1896, denying the defendant’s. motion for a new trial made upon the minutes.
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Appeal by the defendants, George A. Lee and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 24th day of March, 1896, upon the verdict of a jury for $1,282.47, and also from an order entered in said clerk’s office on the 2d day of April, 1896, denying the defendant’s. motion for a new trial made upon the minutes. The action was to recover damages that the plaintiff had sustained by reason of delay to the steamer St. Louis and two schooners (the Champion and the Potomac), caused by the libeling of the…
1Opinion of the Court
Ward, J.:
The defendants upon the trial offered to show in effect that the claim or contract upon which the Champion was libeled was not a valid claim; this the trial court refused to permit, and the defendants urge such refusal here as serious error. This contention cannot prevail. The condition of the indemnity bond was that the plaintiff should be indemnified “ against any damage or loss in consequence of any debt or contract, maritime or otherwise.”
It is conceded that there was a maritime contract in existence whereby the Champion was to transport a load of corn to Buffalo, and, as a…
2Cases cited5 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Prosser v. JonesSupreme Court of Iowa · 1875
- Fuller v. CurtisIndiana Supreme Court · 1884
- D. M. Osborne & Co. v. PoketSupreme Court of Minnesota · 1884
- Trustees of Newburgh v. GalatianNew York Supreme Court · 1825
3Cited by6 opinions
- Judkins v. JudkinsNew Jersey Superior Court Appellate Division · 1952
- Elsman v. Glens Falls Indemnity Co.New York Supreme Court · 1933
- Alexander S. v. Arnold ConstableNew Jersey Superior Court Appellate Division · 1969
- Den Gre Plastics Co., Inc. v. Travelers Indem.New Jersey Superior Court Appellate Division · 1969
- Reichert v. SpiessAppellate Division of the Supreme Court of the State of New York · 1922
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