Phases v. Davis

Decided July 15, 1848

New York Circuit Court · decided 1848-07-15

The defendant contracted with plaintiffs to bring for them 7,400 bushels of wheat, from Chicago to Buffalo, at 14 cents per bushel, freight, and to be done at the opening of the navigation. It was proved that if shipped by the first trip, the wheat would have arrived at Buffalo 1st of June, at which time it was worth $1,45 per hushel at Buffalo.

Decided 1848-07-15

Edmonds, J.,

¶1charged the jury that the plaintiffs, having put into the hands of the defendants the warehouse receipts, and thus parted with possession of and control over the wheat, were entitled to recover, and the measure of damages would be the loss which they had sustained by the fall in the price of the grain, and the sums they had been obliged to pay for storage, and for the excess of freight over the contract price.

¶2Verdict for plaintiffs, $3,851.29.

¶3Oreen, for plaintiffs.

¶4Hmens, for defendant.