Budlong v. Van Nostrand
New York Supreme Court
APPEAL from a judgment of the Cayuga county court, reversing a judgment of a justice of the peace. The facts appear sufficiently in the following opinion.
1Opinion of the Court
By the Court, Welles, J.
The action before the justice was brought by the Budlongs against Van Nostrand, to recover damages for the breach of a contract for the delivery by the latter of 500 bushels of oats, at 50 cents per bushel. The cause was tried on the 28th of May, 1855, when the plaintiff recovered judgment for $40.50 damages and $2.41 costs. The county court reversed this judgment, and the plaintiffs appealed to this court. Upon the trial before the justice, Chauncey K. Higley was sworn as a witness for the plaintiffs, and testified that the plaintiffs were partners in business, during…
2Cited by16 opinions
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