Hollister v. Englehart
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon tbe verdict of a jury, and from an order denying amotion for a new trial made upon tbe minutes of tbe justice before wbom tbe action was tried.
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Appeal from a judgment in favor of tbe plaintiff, entered upon tbe verdict of a jury, and from an order denying amotion for a new trial made upon tbe minutes of tbe justice before wbom tbe action was tried. Tbe complaint alleged a sale and delivery of liigb wines by tbe plaintiff to tbe defendants, of tbe value of $3,848.32; tbat a payment of $400 on account was made tbe day of tbe sale, leaving a balance of $3,448.32 due, for wbicb, with interest, tbe plaintiff demanded judgment. Tbe answer denied all tbe allegations of tbe complaint, and set up tbat they bad received tbe goods to rectify…
1DissentDavis, P. J.
None of the exceptions to the admission or rejection of evidence taken in the course of the trial are of sufficient importance to call upon us to disturb' the verdict. The action was for a quantity of high wines, alleged to have been sold and delivered by the plaintiff to the defendant. The answer denied the sale and delivery of the goods, and the indebtedness for that cause ; and for a further defense set up, that the high wines were delivered to the defendants as distillers, who were to rectify and distill the same into alcohol, and the profits were to be divided, the defendants having one…
2Cases cited3 opinions
- Arnold v. . AngellNew York Court of Appeals · 1875
- Tyng v. . Commercial Warehouse Co.New York Court of Appeals · 1874
- Myrick v. SeldenNew York Supreme Court · 1861