Emerald & Phoenix Brewing Co. v. Leonard
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from judgment of the Eighth District Court in favor of defendant.
1Opinion of the CourtMcAdam, J.
On March 12, 1895, the plaintiff placed on storage in th¿ cellar of defendant’s liquor store, No. 2641 Eighth avenue, ten casks of old stock ale, on the understanding that the defendant might, if he desired, use the ale in his business upon paying $17 net, as each cask was used. The defendant, under this arrangement, used two casks of the ale, which he paid for on November 29, 1895, when he sold the business to John McOabe.
The defendant testified that he did not sell the eight casks of stock ale in the cellar; that he told his vendee the ale belonged to the plaintiff, and was there on storage…
2Cases cited10 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Burnham v. . ButlerNew York Court of Appeals · 1865
- Lee v. . AdsitNew York Court of Appeals · 1867
- Lowell Manufacturing Co. v. Safeguard Fire InsuranceNew York Court of Appeals · 1882
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