Grinnell, Minturn & Co. v. Schmidt
The Superior Court of New York City
The plaintiffs purchased and shipped in their own names, a cargo of corn on board the brig Selma for Sligo, under an agreement with the defendants, who had chartered the vessel; and took a bill of lading from the master in the ordinary way. The vessel put in at St. Thomas in distress, and the com being damaged,, was sold and the proceeds received by the defendants. This suit was brought to recover these proceeds.
Read the full summary
The plaintiffs purchased and shipped in their own names, a cargo of corn on board the brig Selma for Sligo, under an agreement with the defendants, who had chartered the vessel; and took a bill of lading from the master in the ordinary way. The vessel put in at St. Thomas in distress, and the com being damaged,, was sold and the proceeds received by the defendants. This suit was brought to recover these proceeds. It was tried in March last,, when a verdict was given in favor of the plaintiffs, and judgment was subsequently rendered on the verdict. On the twenty-third of April, the defendants…
1Opinion of the CourtBy the Court. Mason, J.
This motion is founded upon the. one hundred and eleventh section of the amended code, which declares that “ every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113,” and the question presented is, whether the defendants are entitled, after verdict and judgment, to have the whole case opened, for the purpose of introducing, by way of defence, the fact not previously discovered, that the plaintiffs made the contract on which the suit is brought, as agents or factors of the Messrs. Barings.
This is nothing more than a statutory…
2Cited by9 opinions
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Heavenridge v. MondyIndiana Supreme Court · 1870
- Hoagland v. Van EttenNebraska Supreme Court · 1888
- Rawlings v. FullerIndiana Supreme Court · 1869
- Hoagland v. Van EttenNebraska Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.