New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-10-01
svPREsE coURT-Spscr.t Tax -B.f,r- J1lfs Es".ti'.
INIORrANI DECfStON
v's-s Ccai az Ire P-fftlt. Mirsi-rs al C1m

Ctai Ire Ere ftlf Mraff- az ION
Vsry O., % e Delaware. a. Hudson Csusl 60.
EDWARDS, 1.-The complaint IN TINS
alleges that Est aug i7 the del, ndan' who are
broy poc and coporate, duly created by Sc a't Of me
Le.sslule u the state OF New York entered ia,o cor
tract sssooa loo ornen IN tns Clty ct Ne&1ok,
the aa3 uJle Of the" Wyonlug Goa Asa1cA,
vpon their Csnsl at rate VI toll eessaGt>d 10 the eonta
such contract has beeD duly hssensc 70 The psnli
sne that en,l-d the fall her IL thereof Tss cot
der ed by deendafs Tue oouP4iat furdsr al secs
hst the osenoan eain tst tbey are eonted 70 reserve
ard insist uPoo. the payment OF 81 cent? ton ot tde ca
which transported ther Lals The palntf contends
hst II s not bound pay that other amount until
the End Of tie when can be sscesilea wnst the
Ayfae price A. which the sales ~ lump coal dIrng the
yesr shs have bees sstusy 3D.. and the p!ainth COW
preliminary ojuncton may he granted psveat
in lhe defendants from Withholding from anJ boa ownsd
Canal; sy Of the actes Of navigation transportation
which the Canal shs afford 70 boats red used By sly
other person company or bJ the defendants subject Only
O. certain Limitations IS . qualuy.
The contract provides tbst tnc ls Of Msy 10 every
Calendar ear the quantity OF lump coal % the OeisNe
ard HUBS Cana Comrany Which shall at thsi time have
been sold 10 be delivered ncout and 70 arrive by tbs
Gaid Canal during the BAH calendar year shs % se'
tsrce sud tie average piee AZ which ,uc sales ls have
been contracted .hsil also b. slcesned snd from me
average price thus 2sceTtsned 8 % shall Dc fios;ea
half ofthe remainder shall bs the toll per tun daias
such calendar except that II any discount OF eea
top CONTINGENT otherwise shall be sgeed upon o. coz
tempste6 IN the for such sales the SAID tc sns
be reduced eouespJpapgy 70 such discount or
shall be actually maze Dot provided, nevertheless Ia'
on lot day OF May in any calendar yeAr toe quaoH
lump coal Of the said Dellvae and HUDSON ana
which shall at that time have ben sod az atofess sda
be ea than bali Of the estimated sales tor s1sl ys
shall Be calculated In the herein h lore P,osleeo
the pee which the sSes Of lump coal 10. ''
year shall be actually made. rs.S
1t Is admitted 6y both ties that the contingency
to the latter provision Of tbs contract his ooeui
pXt Of the contract states the time when me to
payable All that IL processes to do 10 10 establish va,
cipe upon which the toll shall Be calculated Inc LIZ "A
vision Of the contract lays down rule BY wocn ne
ton durpg the year easily Dc s1cersined on me
in zach year. except the OF discounts soa
actually made upon contracts for sal Theo :. ~
and deductions WILL Of course, be made 4fsr tns
but IL would hardly be reasonable 70 infer from tn ~
parties 70 intended that toll snoou
able until al the contracts had been peTforme9
deoucons he'd been actually made IL vo9a -. ate
ressor abs conclusion that the parties intended tns
should fixed the lat May, and that ton AZ Ia
should become payable ~ It seerued susjoet am
future ustment 70 DO made soon as pfscne m,
aware that the branch Of the agreement Is not "a
volved IN the present controversy that nav oo
IL for 70 In order to ascertain the meaning Oh
Of the ooptrsct - - rita nut
The provision which 10 directly In question .1,,on,
Ike the which has already been snd>o ~. -, mo
no time whss the toll snail Be PAYABLE Like 40 4, q
vision Of the usumsnt s that Il proiess ~. .hsl ),
estsb.sh pftLc PIE upon sbch tae rste OF :, zhieh
calculated IL oonteE1pates Gtte OF IN. par
.rtsin gsnSAd Of e.cuattO1 which iAAi ea- Al q,
tss durins the yea BE- hEed as ths -. ~
Isar % %, ssau,IT - ths svs-s7 u s'0s