Clark v. Smith
New York Court of Common Pleas
Appeal from city court, general term. Action by James L. Clark against Andrew J. Smith for goods sold and delivered. From a judgment of the city court (28 Y. Y. Supp. 89) affirming a judgment in favor of defendant, plaintiff appeals.
1Opinion of the CourtBischoff, J.
Upon appeal from the city court of Yew York to this court, we are concluded by the judgment of affirmance below with regard to the weight of the evidence, and are to examine only rulings upon questions "of law, duly excepted to, for reversible error. Arnstein v. Haulenbeek, 16 Daly, 382, 11 N. Y. Supp. 701; Smith v. Pryor, 16 Daly, 169, 9 N. Y. Supp. 636; Rowe v. Comley, 11 Daly, 318; Meyers v. Cohn, 4 Misc. Rep. 185, 23 N. Y. Supp. 996. The action was brought to recover for goods sold and delivered, and defendant *721had, prior to the trial, offered judgment for the sum found by the jury to be…
2Cases cited9 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Carman v. . PultzNew York Court of Appeals · 1860
- Myers v. CohnNew York Court of Common Pleas · 1893
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
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3Cited by2 opinions
- Martin v. ColemanNew York Court of Common Pleas · 1895
- Rosenstein v. FoxNew York Court of Common Pleas · 1894