Nicholson v. Paston
Superior Court of Buffalo
Appeal from municipal court. ■ Action by James Nicholson against James Paston for a suit of clothes. There was a judgment in plaintiff’s favor, and defendant appeals.
1Opinion of the CourtTitus, J.
The defendant appeals from a judgment of the municipal court rendered against him for $32 and costs. It appears that he ordered a suit .of clothes from the plaintiff, who is a merchant tailor, for which he agreed to pay $32. When the clothes were made, the plaintiff sent them to the defendant, who told the messenger to take the goods back to Mr. Nicholson, and when he was ready for them lie would call for them. He never called for the clothes, and never paid the plaintiff. On the trial, the plaintiff -was permitted to amend his complaint so as to conform to the facts. The court had power to…
2Cases cited3 opinions
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Bement v. SmithNew York Supreme Court · 1836
- Golden Gate Co. v. JacksonNew York Supreme Court · 1884
3Cited by1 opinion
- Runge v. EsanNew York Court of Common Pleas · 1893