Waldorf v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George A. Waldorf, from a judgment of the County Court of Sullivan county in favor of the defendants, entered in the office of the clerk of the county of Sullivan on the 21st day of February, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of January, 1896, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, George A. Waldorf, from a judgment of the County Court of Sullivan county in favor of the defendants, entered in the office of the clerk of the county of Sullivan on the 21st day of February, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of January, 1896, denying the plaintiff’s motion for a new trial made upon the minutes. This action was originally brought in a court of a justice of the the peace, where a jury rendered a verdict in favor of the plaintiff. The defendants appealed to the County Court and…
1Opinion of the Court
Parker, P. J.:
I am of the opinion that the contract between the defendant Simpson and the Wrought Iron Range Company must be found in the papers which were executed by both, at the time the range in question was delivered. The memorandum put in evidence by defendant, without reference to the notice printed in red ink on its back, is, in effect, a bill of sale of the range, in which the terms of the sale are fully stated. By those terms the defendant is to give his note for sixty-nine dollars, bearing even date therewith, and to become due June 1, 1895, and the range is not to be transferred…
2Cases cited6 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
- Moran v. . McLartyNew York Court of Appeals · 1878
- Gleason v. . HamiltonNew York Court of Appeals · 1893
- Martin v. . Tradesmen's Ins. Co.New York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wittenberg v. RobinovNew York Court of Appeals · 1961
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
- Lang v. Lilley & Thurston Co.California Court of Appeal · 1912
- Mosher v. DavisAppellate Division of the Supreme Court of the State of New York · 1899