Whitaker v. Eilenberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Eilenberg, from a judgment of the County Court of Yates county in favor of the plaintiff, entered in the office of the clerk of the county of Yates on the 22d day of June, 1901, upon the-verdict.of' a jury, and also from an order entered in said clerk’s office on the 15th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, John F. Eilenberg, from a judgment of the County Court of Yates county in favor of the plaintiff, entered in the office of the clerk of the county of Yates on the 22d day of June, 1901, upon the-verdict.of' a jury, and also from an order entered in said clerk’s office on the 15th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes. The action was originally commenced in a Justice’s Court where a judgment was recovered bv the plaintiff. The defendant appealed to the County Court and demanded a new trial.
1Opinion of the Court
Hiscock, J.:
This controversy springs out of the sale and delivery of a crop of grapes by plaintiff to defendant. Part of them have concededly been paid for in full. Upon the remainder plaintiff seeks to recover an alleged unpaid balance of about $150 computed upon the basis of prices fixed in the original contract. Although having accounted for quite a portion of the crop only at a sum below such prices, defendant nevertheless urges that he has been discharged from all further obligations because plaintiff has accepted and retained his checks therefor knowing that they were, intended to be in…
2Cases cited2 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Wisner v. SchoppAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Schnell v. . PerlmonNew York Court of Appeals · 1924
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
- Milford Spinning & Weaving Corp. of New Hampshire, Inc. v. ManowitzAppellate Division of the Supreme Court of the State of New York · 1922
- Laroe v. Sugar Loaf Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1903