Cooper v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry B. Payne, from a judgment of . the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 2d day of July, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Montgomery Trial Term, and also from an order entered in said clerk’s office on the 28th day of June, 1904, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Henry B. Payne, from a judgment of . the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 2d day of July, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Montgomery Trial Term, and also from an order entered in said clerk’s office on the 28th day of June, 1904, denying the defendant’s motion for a new trial made upon the minutes. This action was brought to recover on a promissory note given by the defendant to the plaintiff in part payment for a machine purchased by…
1Opinion of the Court
Houghton, J.:
The defendant ordered to be manufactured by the plaintiff, for use in his factory, a machine for knitting ribbed underwear cuffs, at a stipulated price, payable in thirty days.
The plaintiff advertised himself as a manufacturer of such machinery, accepted the order, manufactured the machine and shipped it to the defendant.
After the thirty days had expired, payment not having been made, on the 26th day of May, 1903, the defendant executed a contract in which he recited that he had on that day purchased the machine in question, then in his possession, conditionally of the plaintiff,…
2Cases cited8 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Muller v. . EnoNew York Court of Appeals · 1856
- Day v. . PoolNew York Court of Appeals · 1873
- Brown v. . FosterNew York Court of Appeals · 1888
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
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3Cited by4 opinions
- Cable Co. v. McElhoeIndiana Court of Appeals · 1915
- Cooper v. PayneAppellate Division of the Supreme Court of the State of New York · 1906
- Isbell-Porter Co. v. HeinemanAppellate Division of the Supreme Court of the State of New York · 1906
- Tichnor Bros. v. Barley, New York County Courts1911