Amsinck v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Gustav Amsinck and others, composing the firm of, G. Amsinck & Co., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 2d day of May, 1904, upon the report of a referee dismissing, upon the merits, the amended complaint as amended by an amendment allowed upon the trial.
1Opinion of the Court
Ingraham, J.:
This action was tried before a referee and the evidence fully sustained his finding. The question presented, therefore, depends upon the legal conclusion to be drawn from the facts found by the referee. The plaintiffs were copartners 'doing a commission and banking business in the city of New York; the defendants were copartners doing a wholesale iron business in New York and various other cities in the United States. On the 3d of September, 1900, the defendants sold 1,000 tons of iron to A. Hermann Fraenkl Soehne* a firm of iron merchants doing business in Vienna, in the Empire…
2Cases cited2 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Carroll v. UptonThe Superior Court of New York City · 1848
3Cited by1 opinion
- In re the Judicial Settlement of the Accounts of BushbeyNew York Surrogate's Court · 1908