Legal Opinion

Smith v. Crocker

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 5 opinions

Appeal by the plaintiff, Frederick H. Smith, Jr., from a 'judgment of the Supreme Court in favor of the defendant, Henry J. Crocker, entered in the office of the clerk of the county of N ew York on the 22d day of November, 1895, upon the dismissal of the complaint directed by the court after a trial before the court and A jury at the New York Circuit.

1Opinion of the Court

O’Brien, J.:

The action was brought by the plaintiff, as the assignee of the International Wine Company, to recover $5,000 upon an agreement to erect and furnish a plant for making champagne and other sparkling wines in California. The contract is evidenced by a proposition made by the International Wine Company, through one Morton as broker, in New York, to two persons in California, á firm or otherwise, signing themselves Ferris & McCondry. The latter, in answer to a proposition made by the wine company, stated that upon the erection of the plant in California and production of 100 cases of…

2Cited by5 opinions

  1. Wunderlich v. Palatine Fire InsuranceWisconsin Supreme Court · 1899
  2. In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
  3. Sealey v. SmithSupreme Court of Oklahoma · 1921
  4. Smith v. CrockerAppellate Division of the Supreme Court of the State of New York · 1897
  5. Whitlatch v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1897

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