Richard v. . Wellington
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department in favor of defendants, entered upon an order nonsuiting plaintiff on trial at Circuit. This action was for the alleged conversion of a quantity of sherry wines.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department in favor of defendants, entered upon an order nonsuiting plaintiff on trial at Circuit. This action was for the alleged conversion of a quantity of sherry wines. The evidence tended to show that plaintiff, being an importer of sherry wines, in August, 1866, received an importation of 800 casks, which, upon the representation of defendants that they would probably purchase, he stored in defendants’ warehouse. In November, 1868, he reeived 100 casks more, which he also stored with defendants under…
1Opinion of the CourtRapallo, J.
The testimony of the plaintiff, tended to
show that the contemplated purchase of the wines by the. defendants was never consummated. Op his evidence it ig difficult to determine that an action could have been main- * tained by the plaintiff for the price of the goods as on a eon- ' tract of sale. But the General Term appear to have held that the rendition of bills for the wines, at the dates when they went into the possession of the defendants, and the subser quent receipt by the plaintiff of $32,272.63 on account of the price, and the claim for the balance as for goods sold, were such…
2Cited by2 opinions
- Montanye v. MontgomeryNew York Court of Common Pleas · 1892
- Jones v. SmithAppellate Terms of the Supreme Court of New York · 1910