Baillargeon v. Dumoulin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Oliver E. Baillargeon, from a judgment of the Supreme Court in favor' of the defendant, entered in the office of the clerk of the county of Clinton on the 13th day of April, 1914, upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case. Decision on the motion to dismiss was reserved until the end of the whole case and the verdict of the jury was taken which was in favor of the plaintiff.
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Appeal by the plaintiff, Oliver E. Baillargeon, from a judgment of the Supreme Court in favor' of the defendant, entered in the office of the clerk of the county of Clinton on the 13th day of April, 1914, upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case. Decision on the motion to dismiss was reserved until the end of the whole case and the verdict of the jury was taken which was in favor of the plaintiff. Defendant thereupon moved that said verdict be set aside and his motion for a dismissal of the complaint made at the close of plaintiff’s case…
1Opinion of the Court
Woodward, J.:
The complaint alleges that on or about the 16th day of November, 1911, at Keeseville, N. Y., plaintiff delivered to the defendant certain goods, wares and merchandise, and certain store fixtures, of the value of $900; that these chattels were delivered to the defendant upon the express agreement that defendant would sell the same with reasonable promptness and dispatch and from the avails thereof pay the plaintiff the sum of $776, with interest, less a commission of five per cent; that the defendant sold the goods for the sum of $875, the sale being completed on the 4th day of…
2Cases cited4 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Zartman v. First National BankNew York Court of Appeals · 1907
- Brown v. . GuthrieNew York Court of Appeals · 1888
- Zimmer v. HaysAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Golin v. Florence Trading Corp.Court of Appeals for the Second Circuit · 1942
- People ex rel. Ridgewood Land & Improvement Co. v. SaxeAppellate Division of the Supreme Court of the State of New York · 1916