Meyer v. . Redmond
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 6, 1910, affirming a judgment hr favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are.stated in the opinipn.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 6, 1910, affirming a judgment hr favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are.stated in the opinipn. The trial justice erred in excluding proof by the defendants’ auctioneer’s sales book that they knocked down the stock at the auction sale, not on their own behalf, but only as agents for the seller. (Baltzen v. Nicolay, 53 N. Y. 467; Hicks v. Minturn, 19 Wend. 550; Mentz v. Newwitter, 122 N. Y. 491; Hicks v.…
1Opinion of the CourtHaight, J.
This action was brought to recover damages which the plaintiff is alleged to have suffered by reason of the failure of the defendants to perform their contract.
It appears that the defendants were auctioneers, doing business under the name of Adrian H. Muller & Son, and that they advertised for sale, for whom it may concern, a list of stocks, among which were forty shares of the Lake Charles Rice Milling Company of Louisiana. The terms of the sale were ten per cent cash on the day of the sale and the balance to be paid before one o’clock of the next day at the office of the auctioneers, 55…
2Cases cited10 opinions
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
- Mills v. HuntNew York Supreme Court · 1838
- De Remer v. . BrownNew York Court of Appeals · 1901
- Bush v. . ColeNew York Court of Appeals · 1863
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3Cited by36 opinions
- Cti-Container Leasing Corporation v. Oceanic Operations CorporationCourt of Appeals for the Second Circuit · 1982
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Thomas Gordon Malting Co. v. Bartels Brewing Co.New York Court of Appeals · 1912
- Orient Mid-East Lines v. Albert E. Bowen, Inc.Court of Appeals for the Second Circuit · 1972
- Itoh v. Kimi Sales, Ltd.Civil Court of the City of New York · 1973
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