Parker v. . Baxter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme. Court, in the first judicial department, entered upon an order made December 30, 1879, which affirmed a judgment in favor of defendants, entered upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme. Court, in the first judicial department, entered upon an order made December 30, 1879, which affirmed a judgment in favor of defendants, entered upon the report of a referee. (Reported helow, 19 Hun, 410.) This action was brought by plaintiffs, who composed the firm of Parker & Howland, against the members of- the firm of Archibald Baxter & Co., and the members of the firm of Brown Brothers & Co., to determine who was entitled to the. proceeds of a quantity of corn in the hands of Brown Brothers & Co. The corn in question was sold and…
1Opinion of the CourtRapallo, J.
Upon the question whether the delivery of the corn to A. Baxter & Co. was obtained by fraud, or with the design not to pay for it, the testimony was conflicting, and the finding of the referee is conclusive on this appeal.
The remaining questions are, first, whether the uncontroverted .testimony, or the specific facts found, so clearly establish a conditional delivery, that' the referee’s conclusion that, by the delivery of the ship’s receipts for the corn, the plaintiffs waived the condition in the terms of sale, and the title to the corn passed absolutely to Baxter & Co., was erroneous; and…
2Cases cited2 opinions
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Smith v. . LynesNew York Court of Appeals · 1851
3Cited by18 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- People v. SingCalifornia Court of Appeal · 1919
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Berger v. . VarrelmannNew York Court of Appeals · 1891
13 more not listed; retrieve them via the Exa API.