Legal Opinion

Whitehall & St. John's Towing & Transportation Co. v. Fish

Appellate Terms of the Supreme Court of New York

Decided June 27, 1907Published

Appeal from Municipal Court, Borough of Manhattan, Second District. . Action by the Whitehall & St. John’s Towing Sr Transportation Company against Dolph Fish. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtPlatzek, J.

This is an appeal by the defendant from a judgment rendered against him for $386.91, damages, interest, and costs, on March 13, 1907. The action is brought to- recover the sum of $350 for the alleged violation of a towing contract, for liquidated damages for violating an agreement between the parties on October' 10, 1906. The pleadings were oral; the plaintiff’s plea being for breach of contract, and the answer a general denial. A bill of particulars was demanded and furnished. Upon the trial defendant amended his answer, alleging that the contract sued upon was illegal: (a) That the…

2Cases cited4 opinions

  1. Krekeler v. . RitterNew York Court of Appeals · 1875
  2. Stearns v. Shepard & Morse Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. James v. WorkNew York Supreme Court · 1893
  4. Whitehall & St. John's Towing & Transportation Co. v. FishAppellate Terms of the Supreme Court of New York · 1907

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