Legal Opinion

Amsden v. Smith

New York Supreme Court

Decided October 21, 1892Published

Exceptions from circuit court. Action by C. Henry Amsden and Frank J. Amsden against Charles E. Smith on a note. A verdict was directed for plaintiffs, and defendant moves for a new trial on exceptions ordered to be heard in the first instance at general term. New trial granted.

1Opinion of the CourtLewis, J.

This action was brought to recover upon a promissory note given by the defendant in payment of 20 bushels of Bohemian oats at $15 a bushel, delivered to him by the agents of a corporation by the name of the Bohemian Oat & Cereal Company, of Tpsilanti, Mich., and in consideration of a written agreement of the company to sell for the plaintiffs 40 bushels of oats, the following year, raised from the 20 bushels at $15 a bushel, the company to be paid by defendant 33£ per cent, commissions for selling. The note was dated November 6, 1886, for $300, payable to J. M. Orcutt or bearer, due in 12…

2Cases cited1 opinion

  1. Watson v. BlossomNew York Supreme Court · 1888

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