Clark v. Dales
New York Supreme Court
THIS was an appeal by the defendants from a judgment entered at a special term of the court. The first count of the complaint alleged a contract between the parties, made on the 30th day of August, 1853, for the sale and delivery by the defendants to the plaintiffs of a boat load of flour, at the plaintiffs’ boat at the village of Jordan, for $4.93f per barrel, to be delivered during the week next following the time of making the contract.
Read the full summary
THIS was an appeal by the defendants from a judgment entered at a special term of the court. The first count of the complaint alleged a contract between the parties, made on the 30th day of August, 1853, for the sale and delivery by the defendants to the plaintiffs of a boat load of flour, at the plaintiffs’ boat at the village of Jordan, for $4.93f per barrel, to be delivered during the week next following the time of making the contract. The plaintiffs alleged that they had been always ready and willing to receive and pay for the flour, but that the defendants had wholly omitted to perform…
1Opinion of the Court
By the Court, Bockes, J.
On a motion for a new trial on a case, where the cause is tried by the court Avithout jury, its decision on questions of fact is to be treated and regarded the same as would be the verdict of a jury, or the report of a referee. (Mann v. Witbeck, 17 Barb. 388. Osborn v. Marquand, 1 Sandf. S. C. R. 457. Oakley v. Aspinwall, 2 Sandf. 7. Gilbert v. Luce, 11 Barb. 91.) The decision on the facts must therefore be conclusive upon the court in bank, unless the preponderance of evidence is so great that the verdict of a jury to the same effect, on the same testimony, would be…
2Cases cited19 opinions
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Thompson v. KetchamNew York Supreme Court · 1811
- Blood v. GoodrichNew York Supreme Court · 1832
- Allen v. CrofootNew York Supreme Court · 1827
- Esmond v. Van BenschotenNew York Supreme Court · 1852
14 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Hunt v. NuthCourt of Appeals for the Fourth Circuit · 1995
- Ivey v. Kern County Land Co.California Supreme Court · 1896
- Campbell v. BeardWest Virginia Supreme Court · 1905
- Myers v. SmithNew York Supreme Court · 1867
33 more not listed; retrieve them via the Exa API.