Butler Bros. v. Hirzel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Butler Brothers, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 27th day of June? 1902, upon the 'decision of the court, rendered after a trial at the New York Trial Term, the jury having been discharged, dismissing the complaint upon the merits.
1Opinion of the Court
Patterson, J.:
At the trial of this action the complaint was dismissed, substantially on the ground that the cause of action therein set forth was not proven. The plaintiff, a corporation, sought to recover the purchase price of merchandise which it alleged it sold and delivered to the defendants. A contract between the parties was proven. It consisted of an order in writing given by the defendants to the plaintiff, and which, among other things, contains the following: “ Please board the s/s Allianca,’ Pier 57, H. R. on or before Oct. 6th, goods marked and numbered as follows: ” The articles…
2Cases cited4 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Dunham v. . MannNew York Court of Appeals · 1853
- Bradley v. . WheelerNew York Court of Appeals · 1871
- Outwater v. DodgeNew York Supreme Court · 1827
3Cited by6 opinions
- Gross v. AjelloAppellate Division of the Supreme Court of the State of New York · 1909
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1911
- Baumann v. TannenbaumAppellate Division of the Supreme Court of the State of New York · 1908
- Horst v. Montauk Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Rothschild v. HarrisCity of New York Municipal Court · 1910
1 more not listed; retrieve them via the Exa API.