Legal Opinion
Petrie v. Stark
New York Supreme Court
Decided July 8, 1894PublishedCited by 4 opinions
Appeal from circuit court, Oneida county. Action by Sherman Petrie against Elverton 0. Stark and another. From a judgment entered on a verdict for $5,000 in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendants appeal.
1Opinion of the CourtMerwin, J.
The plaintiff bases Ms claim in this case on a written contract between Mmself and Marcellus & Co., bearing date March 27,1890. In tMs contract, it is provided as follows:
“The parties of the first part (Marcellus & Co.) hereby sell and convey unto the party of the second part (Petrie) all of the ice now being in their ice house, situated and located on the lot purchased by said G. W. Marcellus & Co. of Spencer, at Sylvan Beach, New York (said ice house being located on North Beach, so called, of Oneida Lake), for two dollars per ton, forty-five cubic feet to the ton, house measurement; the…
2Cases cited7 opinions
- McFarland v. WheelerNew York Supreme Court · 1841
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Lewis v. . GreiderNew York Court of Appeals · 1872
- Hudson v. . SwanNew York Court of Appeals · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1897
- Simon v. SimonAppellate Division of the Supreme Court of the State of New York · 1899
- Katz v. DiamondAppellate Terms of the Supreme Court of New York · 1896
- Simon v. SimonAppellate Division of the Supreme Court of the State of New York · 1899