New York Court of Appeals June 5, 1853 (Ogden v. Marshall)

lead-opinion

Jewett, J.

It was assumed on the trial in the court below, and on the argument in this court, that the evidence tended to establish a valid contract made between the parties, by which the defendant agreed to receive from the plaintiff, on board of the packet ship Yorkshire, 12,000 bushels of- corn at New York and carry it to the port of Liverpool, and to sail on the sixteenth day of