Milbank v. . Dennistoun
New York Court of Appeals
Appeal from the Superior Court of the city of New York. The action was commenced in 1847, to recover damages against the defendants for alleged misconduct in selling a cargo of five thousand barrels of flour, which the plaintiffs had consigned to them as factors for sale at Liverpool. The plaintiffs were merchants in New York, having also a house in New Orleans; and the defendants transacted business in Liverpool, and likewise had a house in the city of New York.
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Appeal from the Superior Court of the city of New York. The action was commenced in 1847, to recover damages against the defendants for alleged misconduct in selling a cargo of five thousand barrels of flour, which the plaintiffs had consigned to them as factors for sale at Liverpool. The plaintiffs were merchants in New York, having also a house in New Orleans; and the defendants transacted business in Liverpool, and likewise had a house in the city of New York. The flour was shipped from New Orleans by the N. Biddle, in June, 1846, and arrived at-Liverpool on the 18th July following. The…
1Opinion of the Court
Dentó, J.
The case turns very much upon what is to be considered the true meaning of the letter of June 27, 1846. In that letter, the defendants expressed their desire that the cargo of flour in question should be withheld from the market until the operation of the new corn law should have produced its results. The direct effect of the law was greatly to reduce the duty upon wheat and flour imported into the United Kingdom. Its operation upon the owners of flour then lying in bond at the British ports, and of such ’ as should thereafter arrive, would be to give them a more advantageous…
2Cited by2 opinions
- Coykendall v. EatonNew York Supreme Court · 1871
- Atlantic & Pacific Packing Co. v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1947