McCotter v. . Hooker
New York Court of Appeals
This action was brought upon, a contract to transport a box containing patent medicines from New York to Chicago in the fall of 1847. In the complaint it was alleged that on the sixth day of November, 1847, the plaintiff shipped on board the defendant’s boat Abbot, at the city of New York the box in good order, under a contract made then and there with the defendant, to carry it safely to Chicago and deliver it there to Neely, Lawrence & Co., for W. W. Danenhower, before the…
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This action was brought upon, a contract to transport a box containing patent medicines from New York to Chicago in the fall of 1847. In the complaint it was alleged that on the sixth day of November, 1847, the plaintiff shipped on board the defendant’s boat Abbot, at the city of New York the box in good order, under a contract made then and there with the defendant, to carry it safely to Chicago and deliver it there to Neely, Lawrence & Co., for W. W. Danenhower, before the winter of 1847 set in, at the' regular price for freight to be paid on delivery: that it was not delivered until some…
1Opinion of the CourtGardiner, J.
The receipt was properly received in evidence. Wilgus, who drew it, and Haviland, who executed it, were both agents of the defendant. They are proved to be such by the testimony of Wilgus himself. The receipt was important to show a delivery, if for no other purpose.
The receipt did not contain any contract, unless one is to be inferred from the delivery of the goods, marked fóf Chicago. If this is equivalent to the engagement to transport them to the place -of designation,- the contract as claimed by the plaintiff is established. If, however, the instrument was merely an acknowledgement of…
2Cited by10 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Town of Wirt v. Board of Supr'sNew York Supreme Court · 1895
- Richardson v. PulverNew York Supreme Court · 1872
- Schmerler v. BaraschNew York Supreme Court · 1909
- Wallace v. TaylorAppellate Division of the Supreme Court of the State of New York · 1923
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