Croninger v. . Crocker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment of the Superior Court of Buffalo in favor of plaintiffs, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment of the Superior Court of Buffalo in favor of plaintiffs, entered upon a verdict. This action was brought to recover moneys alleged to have' been advanced by plaintiffs upon a contract between the parties by which defendants contracted and agreed to deliver to plaintiffs “30,000 pounds of Ohio grown fleece wool to be well washed and in good merchantable order and free from burrs, tags, etc.” They also agreed to give plaintiffs ample time “ to throw the wool, before sacking it,…
1Opinion of the CourtAllen, J.
Every fact upon which the plaintiffs’ right of action depended was clearly and conclusively proved by undisputed evidence. Their right of recovery was substantially established by the admissions of the answer, and the testimony adduced by the defendant. The plaintiffs only recovered the sums advanced by them upon the negotiable securities made by the defendants, and to be applied at a proper time in part payment for wool thereafter to be delivered, pursuant to the agreement between the parties, with interest on such securities and the moneys paid thereon. The agreement was in writing, and was…
2Cases cited3 opinions
- Avery v. StewartSupreme Court of Connecticut · 1816
- Champion v. . JoslynNew York Court of Appeals · 1871
- Reed v. Bank of NewburghNew York Court of Chancery · 1837
3Cited by15 opinions
- American Elastics, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1951
- Catlin v. JonesOregon Supreme Court · 1906
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
- McAfee v. WyckoffNew York Supreme Court · 1904
- Calhoun v. PauleMissouri Court of Appeals · 1887
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