Howells v. Stroock
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frank S. Howells and others, doing-business under the firm name of Howells Brothers, from a judgment of the Supreme Court, in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 6th day of March, 1900, upon the decision of the court, rendered after a trial before the court without a jury at the Hew York Trial Term,, dismissing the complaint upon the merits.
1Opinion of the Court
Patterson, J.:
This case was tried by the court without a jury — the complaint was dismissed, and from the judgment entered thereupon this appeal is taken. The action was brought to recover for goods sold and delivered. The dealings between the parties concerning the merchandise were by correspondence. On the 3d of October, 1899, the defendants wrote to the plaintiffs a letter in which, among other things, is contained the following: “ Also send us a piece of the fourteen-ounce Green, of which you state you have thirty pieces at eighty-seven and a half cents per yard. We will look it over, and…
2Cases cited6 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Maclay v. HarveyIllinois Supreme Court · 1878
- Avery v. . WillsonNew York Court of Appeals · 1880
- Briggs v. . SizerNew York Court of Appeals · 1864
- Taylor v. RennieNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wittwer v. . HurwitzNew York Court of Appeals · 1915
- In re the Estate of WestlakeAppellate Division of the Supreme Court of the State of New York · 1916