Parker v. Baxter
New York Supreme Court
Appeal from a judgment recovered on the report of a referee, and from an order “referring the action back ” to the referee, to determine whether costs should be allowed to certain defendants.
Read the full summary
Appeal from a judgment recovered on the report of a referee, and from an order “referring the action back ” to the referee, to determine whether costs should be allowed to certain defendants. The controversy in this action is as to the right to certain moneys that, at the time of its commencement, were in the hands, of the defendants, Brown Brothers & Co., accruing as follows The plaintiff claimed to be entitled to retake certain corn which they had sold to the defendants, Baxter & Co., on the ground that Baxter & Co. had failed to pay for it as agreed. The defendants, Brown Bros. & Co.,…
1Opinion of the Court
Daniels, J.:
The controversy in this action presents the right to the proceeds of the sale of upwards of 16,000 bushels of corn, sold by the plaintiffs to the defendants, Baxter & Co. A contract for the sale of 20,000 bushels of corn was entered into between these parties on the the 22d day of July, 1875. It was to be delivered during the succeeding month of August, at the option of the .sellers, and the’purchase price was to be then paid in cash. The .second day of August the plaintiffs notified Baxter & Co. that they were ready to deliver the corn, and on the fifth of that month Baxter & Co.…
2Cases cited7 opinions
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Lowery v. . StewardNew York Court of Appeals · 1862
- Rawls v. DeshlerNew York Court of Appeals · 1867
- Western Transportation Co. v. MarshallNew York Supreme Court · 1862
- Ballard v. BurgettNew York Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.