Bank of Beloit v. Beale
The Superior Court of New York City
Motion for new trial, on the minutes of the judge. The plaintiff having recovered a verdict in this action on the 14th day of June, 1860, the defendants, June 16, 1860, moved on the judge’s minutes for a new trial.
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Motion for new trial, on the minutes of the judge. The plaintiff having recovered a verdict in this action on the 14th day of June, 1860, the defendants, June 16, 1860, moved on the judge’s minutes for a new trial. This action was brought on the allegations that the plaintiff, in the early part of 1858, consigned to the defendants a specified quantity of wool, to be sold for and on account of the plaintiff, for cash; that the defendants received and sold the wool, but paid only $2,000 of the proceeds to the plaintiff, and refused to pay the balance. The complaint demanded judgment for the…
1Opinion of the Court
Bosworth, Ch. J.
It will be seen on examining the complaint in the suit of Sweet a. Sherwood, that Sweet’s whole claim is:(1) For cash advances.........$6,000.00(2) For 105 sacks furnished....... 52.50
Total........$6,052.50
He credits Sherwood for wool delivered . . . $2,112.30 For 32 sacks returned......... 17.00
Total........$2,129.30
The complaint prays judgment for $3,923.20, with interest from July 14,1858.
The summons states that in case of failure to answer, judgment will be taken for that sum and costs. A summons in that form is proper only “ in an action arising on contract for the…
2Cases cited7 opinions
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Curtis v. InneraritySupreme Court of the United States · 1848
- Curtis v. GroatNew York Supreme Court · 1810
- Betts v. LeeNew York Supreme Court · 1810
- Sunderland v. LoderNew York Supreme Court · 1830
2 more not listed; retrieve them via the Exa API.