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.