Schipper v. Milton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William F. Milton and another, composing the firm of William F. Milton & Co., from, a judgment of the ¿Supreme Court in favor of the plaintiffs, entered in the office of the •clerk of the county of New York on the 8th day of April, 1899, .upon the report of a referee.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover damages for the refusal of the defendants to accept a quantity of Manila hemp which the plaintiffs had sold to them. It was referred to a referee who found for the plaintiffs and directed a judgment for- the damages which they had sustained because of the failure of the defendants to accept the hemp, and from the judgment entered Upon that report this appeal is taken.
The first objection made by the appellants is, that the plaintiffs had no standing in court to maintain this action. The allegation of the complaint was, that on the 29th of January,…
2Cases cited6 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Walls v. . BaileyNew York Court of Appeals · 1872
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Newhall v. . AppletonNew York Court of Appeals · 1889
- Albany & Rensselaer Co. v. LundbergSupreme Court of the United States · 1887
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