Welsh v. . Gossler
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made at the February term, 1881, which affirmed a judgment in favor of defendants, entered upon an order nonsuiting plaintiffs upon trial. (Reported below, 15 J. & S. 104.) This action was brought to recover an alleged balance due for moneys had and received. The material facts are stated in the opinion.
1Opinion of the CourtFinch, J.
Reflection and study have changed our first impressions of this case, and led us to the conclusion that the non-suit was improperly granted, and the plaintiffs should have recovered. The facts which seem complicated are not really so, and create no difficulty when accurately understood.
The defendants, Gossler & Co., doing business in Hew York, entered into an agreement with one Finlay to sell him a quantity of sugar, to be sent from St. Vincent, and tobe “ May-June shipment.” The purchase-money was to be paid at the port of departure, and to accomplish this, Finlay applied to the plaintiffs…
2Cases cited3 opinions
- Graves v. . WhiteNew York Court of Appeals · 1882
- Catlin v. . TobiasNew York Court of Appeals · 1863
- Rouse v. LewisNew York Court of Appeals · 1866
3Cited by9 opinions
- Harrison v. FortlageSupreme Court of the United States · 1896
- Hill v. . BlakeNew York Court of Appeals · 1884
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Chicago, R. I. & P. Ry. Co. v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1935
- Hibernia Bank & Trust Co. v. J. Aron & Co.New York Supreme Court · 1928
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