Johnson v. . Meeker
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 12, 1883, which sustained exceptions taken on trial to set aside a11 verdict in favor of defendants and against a new trial. (Reported below, 31 Hun, 92.) This action was brought to recover damages for an alleged breach of a contract for the use of plaintiffs’ barge. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 12, 1883, which sustained exceptions taken on trial to set aside a11 verdict in favor of defendants and against a new trial. (Reported below, 31 Hun, 92.) This action was brought to recover damages for an alleged breach of a contract for the use of plaintiffs’ barge. The material facts are stated in the opinion. If the alleged charter or agreement was in force on September 27, 1876, then the defendants were entitled to the possession of the barge without interference or molestation on…
1Opinion of the CourtMiller, J.
By the contract between the plaintiffs and the defendants, so far as it' can be ascertained from the imperfect writing proven, and from the other evidence, the plaintiffs were to furnish a barge, properly supplied with captain and crew, to the defendants for the transportation of coal between Hoboken and Fall Biver, from the 1st of March, 1876, to the 1st of January, 1877, at $300 per month for two trips a month. Only two trips a month were made, and hence it is not important to determine what was intended by the provision in the contract that if they made more than two trips per month, they…
2Cases cited2 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by14 opinions
- Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
- Ward v. American Health Food Co.Wisconsin Supreme Court · 1903
- Saracena v. PreislerAppellate Division of the Supreme Court of the State of New York · 1917
- Seed v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1901
- Richards v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1909
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