Winne v. . McDonald
New York Court of Appeals
On the 21st of October, 1856, A. E. De Luze, a produce broker, sold for the Plaintiffs to Theodore Perry, through his broker, J. W. Spencer, 3,921 bushels Western Red Wheat, then on canal-boat D. Hibbard, and also 3,500 bushels of similar wheat, then on canal-boat Ural, at $1.54 per 60 pounds, to be delivered to vessel in good shipping condition, quality as per sample, cash.
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On the 21st of October, 1856, A. E. De Luze, a produce broker, sold for the Plaintiffs to Theodore Perry, through his broker, J. W. Spencer, 3,921 bushels Western Red Wheat, then on canal-boat D. Hibbard, and also 3,500 bushels of similar wheat, then on canal-boat Ural, at $1.54 per 60 pounds, to be delivered to vessel in good shipping condition, quality as per sample, cash. At the time of the sale De Luze was informed by Spencer that the wheat was to be sent on board the ship Compromise, then lying at pier No. 14, East River, and the Plaintiffs were directed to send the wheat there. The…
1Opinion of the CourtBacon, J.
This case has been twice before the Superior Court upon appeal from judgments rendered at Special Term. On the first trial the jury found for the Plaintiffs, upon a charge to which exceptions were taken by the Defendants, and on appeal the verdict was set aside, and a new trial granted. Upon this occasion an opinion was given by the General Term, which is reported under the name of Durbrow v. McDonald, in 5 Bos. 130. On examining the statement of facts in that case, and comparing them with the evidence as it appears upon the case as now presented, there is no appreciable difference between…
2Cases cited3 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Mowrey v. WalshNew York Supreme Court · 1828
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
3Cited by8 opinions
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Duncomb v. New York, Housatonic & Northern RailroadNew York Court of Appeals · 1881
- Hoffman v. . N.Y. Cent. Hud. Riv. R.R. Co.New York Court of Appeals · 1881
- Hoffman v. New York Central & Hudson River RailroadNew York Court of Appeals · 1881
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