| North Carolina. Supreme Court - 1876 - 886 Seiten
...his right to lecover damages: and (2.) That the measure of damage in such case, is the difference in the market value of the goods, at the place of delivery, at the time they were to have been delivered, and that value upon their arrival. Spiers ». Hahtead, Haines A Co , 620.... | |
| Thomas Whitney Waterman - 1869 - 800 Seiten
...circuit court rejected the evidence as inadmissible, deciding goods, is the difference between the value of the goods at the place of delivery at the time when in fact they were delivered, and their value when they should have been delivered (Galena & Chicago... | |
| Theophilus Parsons - 1869 - 728 Seiten
...AFFREIGHTMENT. In an action against a carrier for the non-delivery of goods, the rule of damages is the value of the goods at the place of delivery, at the time when they should have been delivered. 1 Whether interest should be allowed in all cases has been questioned,... | |
| 1874 - 436 Seiten
...been no delivery, and then he may recover as his damages the difference between the contract price and the market value of the goods at the place of delivery at the time of the breach. These rules have been adopted as the law of this State in the case of Dustan v. McAndrew,... | |
| 1885 - 544 Seiten
...the property or take measures for its preservation. (3) The measure of damages in such a case is the difference between the market value of the goods at the place of destination when they ought to have been delivered and their market value when they were delivered.... | |
| New York (State). Superior Court (New York), James M. Sweeny - 1871 - 790 Seiten
...damages — the goods being uninjured in quality but depreciated in value through the delay — is the difference between the market value of the goods at the place of destination at the time when they should have been delivered, and the market value at the same place... | |
| John Fletcher Lacey - 1884 - 1406 Seiten
...damages. Devcreux, Receiver, etc.,v. Buckley, 34 Ohio St., 16, 1877; 21 Amer. R'y Rep., 72. 129. — The rule of damages for negligent delay in the transportation...difference between the market value of the goods at the time they should have arrived at the place of delivery, and the time they did arrive there, with interest... | |
| 1921 - 2116 Seiten
...on hand ready for delivery, and that the only (273 F.) damage which he could have sustained was the difference between the market value of the goods at the place of delivery and the contract price. If at the time the defendant broke the contract the plaintiff had not had on... | |
| James Schouler - 1880 - 774 Seiten
...terms. Hence, the general measure of damages, in case of such loss or injury by the carrier, is the value of the goods at the place of delivery at the time they should have been delivered ; and market value is, apart from contract, the common test of value.2 6ut... | |
| James Thomas Foard - 1880 - 678 Seiten
...calculation of the damages, in an action against the carrier for the non-delivery of goods, is based on the value of the goods at the place of delivery at the time when they should have been delivered ; " xnAfrimA facie the damages which actually result arc recoverable,... | |
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