Cone v. Empire Plaid Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Empire Plaid Mills, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 24th day of February, 1896, upon the verdict of a jury rendered after a trial at a- Trial Term of the Supreme Court held in and for the county of Few York, and also from an order entered in said clerk’s office on the-26th day of February, 1896, denying the defendant’s motion for a new trial made…
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Appeal by the defendant, The Empire Plaid Mills, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 24th day of February, 1896, upon the verdict of a jury rendered after a trial at a- Trial Term of the Supreme Court held in and for the county of Few York, and also from an order entered in said clerk’s office on the-26th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the CourtIngraham, J.
The complaint alleges that on the 11th day of Fbvember, 1892, the Cone Export and Commission Company entered into a contract with the defendant by which the latter sold and agreed to deliver to the said Cone Export and Commission Company certain goods manufactured by the defendant at prices agreed upon, and that the said Cone Export and Commission Company paid on account of the' purchase price of said goods the sum of two thousand ($2,000) dollars, which was received and retained by the defendant and still remains in its possession; that the said defendant has refused to deliver the goods…
2Cited by2 opinions
- Powers v. Schlicht Heat, Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Ernst v. Cary Safe Co.New York Supreme Court · 1920