New York Court of Appeals

David Dunham, Appellant v. Oliver P. Bower, Respondent

April 15, 187977 N.Y. 76

Summary

The Court affirmed the nonsuit, holding that the carrier's prior judgment for freight is a bar to the shipper's claim for damages caused by the carrier's breach. Because the carrier failed to start as agreed and the apples were destroyed, the carrier was not entitled to freight and the shipper may recover damages.