Washburn v. Empire Brick & Supply Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire Brick and Supply Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 2d day of March, 1912, upon the verdict of a jury for $130,- and also from an order entered in said clerk’s office on the 1st day of March, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lyon, J.:
The plaintiff, who was the owner of a barge, manned by a crew in his employ, verbally chartered the same to the Dinans, who were manufacturers of brick at East Kingston, N. Y., to carry a load of their brick from their yard to New York city, there to be sold. The barge loaded with brick was towed to the dock near Fifty-second street, North river, which was the public market place for the sale of brick, and on the 13th day of November, 1909, the cargo of brick was sold by the Dinans through their broker, McNamara, to the defendant, which was a dealer in building materials. At the time…
2Cases cited1 opinion
- Scholl v. Albany & Rensselaer Iron & Steel Co.New York Court of Appeals · 1886
3Cited by2 opinions
- Zarati SS Co. v. Park Bridge CorporationCourt of Appeals for the Second Circuit · 1946
- Zarati SS Co. v. Park Bridge CorporationCourt of Appeals for the Second Circuit · 1946