Legal Opinion

Elkan v. Hitchcock

Superior Court of Buffalo

Decided July 15, 1895PublishedCited by 1 opinion

Appeal from judgment in favor of. the defendants.

1Opinion of the Court

Titus, Ch. J.. The plaintiffs’ cause of action is for good® sold to the defendants. In their complaint' they allege that-on the 18th day of December, 1893, they sold and delivered to the defendants whiskey of the value of $110.25; that $14.45 has been paid, leaving a balance due* the plaintiffs of $35.80. - The .answer denies the indebtedness, and alleges-payment. ' ‘

It appears from the evidence that the goods were sold to-. .the defendants, as alleged in the complaint, by one Slater, acting for the plaintiffs, on commission; that Slater was. Owing the defendants thirty-five dollars and…

2Cases cited5 opinions

  1. Booth v. SmithNew York Supreme Court · 1829
  2. Hills v. SommerNew York Supreme Court · 1889
  3. Tilton v. AlcottNew York Supreme Court · 1853
  4. Anderson v. The President, Directors, & Co. of the Highland TurnpikeNew York Supreme Court · 1819
  5. Nassoiy v. TomlinsonNew York Supreme Court · 1892

3Cited by1 opinion

  1. Stratton v. Hunt Sullivan Co., New York County Courts1906

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