Wenz v. McCann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William F. Wenz, from a judgment of the County Court of Chemung county, entered in the office .of the clerk of. the county of Chemung on the 24th day of October, 1904, upon an order of said County Court, entered in said clerk’s office on the 24th day of October, 1904, affirming a judgment of the City Court of Elmira in favor of the defendant, entered on the 8tli day of March, 1904, and also from the said order upon which the judgment appealed from…
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Appeal by the plaintiff, William F. Wenz, from a judgment of the County Court of Chemung county, entered in the office .of the clerk of. the county of Chemung on the 24th day of October, 1904, upon an order of said County Court, entered in said clerk’s office on the 24th day of October, 1904, affirming a judgment of the City Court of Elmira in favor of the defendant, entered on the 8tli day of March, 1904, and also from the said order upon which the judgment appealed from was entered.
1Opinion of the Court
Chester, J. :
■ The action Was brought to recover for- meats . alleged- to have been sold and delivered-to the defendant by the plaintiff between April 15, 1901, and March 25, 1902. On the trial the amount of the plaintiff’s claim was not disputed and it was admitted by the defendant that the goods were delivered at the place of residence of the defendant. The defendant lived with his wife and several children, three of whom were minors. His wife died the latter part of November or the first of December, 1901. So long as she lived the orders for the meats were usually given by her' and many…
2Cases cited3 opinions
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- Holcomb v. . HarrisNew York Court of Appeals · 1901
- Grandy v. HadcockAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Valois v. GardnerAppellate Division of the Supreme Court of the State of New York · 1907