Fulton Grain & Milling Co. v. Anglim
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Anglim, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the-clerk of the county of Kings on the 20th day of May,. 1899, upon the verdict' of a jury,, and also from an order entered in said clerk’s-office on the 5th day of June, 1899, denying the defendant’s motion) for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J. :
This case has been before the court on a previous appeal (34 App. Div. 164). The evidence on the second trial varied' substantially from that given on the first, and the questions now presented to us-were not raised on the former appeal. It now appears that, though the contract of sale and the defendant’s guaranty bear date the 1st day of April, 1897, the guaranty was not in fact executed until a-later time and after some deliveries of oats had been made under the contract. The parties are at variance as to the time at which the guaranty was signed, it being asserted for the…
2Cases cited4 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Bank of California v. . WebbNew York Court of Appeals · 1884
- Harding v. . TifftNew York Court of Appeals · 1878
- Fulton Grain & Milling Co. v. AnglimAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- In re the Judicial Settlement of the Account of SimmonsAppellate Division of the Supreme Court of the State of New York · 1925