Hazard v. . Fiske
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon' an order made on the second Tuesday of June, 1879, affirming a judgment in favor of plaintiffs entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 18 Hun, 277.) The nature of the action appears by the abstract of the "complaint contained in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon' an order made on the second Tuesday of June, 1879, affirming a judgment in favor of plaintiffs entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 18 Hun, 277.) The nature of the action appears by the abstract of the "complaint contained in the opinion. It appeared in substance on the trial, that Ozias L. Eims, who (in copartnership with one David Long) was doing business under the name and style of “ O. L. Eims, Agent,” had directed one…
1Opinion of the CourtRapallo, J.
A large portion of the argument on the part of the appellants is devoted to maintaining the position that when the schooner Czar arrived at Buffalo, O. L. ITims took the 24,000 bushels of corn, which were by the bill of lading consigned to him, into his possession, and with the consent of the plaintiffs stored .them in the city elevator and took out the warehouse receipts in his own name; and that he also, with their consent, shipped the corn, in his own" name in. the canal boats. Had these facts been clearly established there can be no doubt that the defendants, by making advances to ITims…
2Cases cited1 opinion
- Voorhis v. . OlmsteadNew York Court of Appeals · 1876
3Cited by9 opinions
- Le Marchant v. . MooreNew York Court of Appeals · 1896
- Bills v. SchliepCourt of Appeals for the Second Circuit · 1903
- Curry v. Wisconsin National BankWisconsin Supreme Court · 1912
- Union Pac. Ry. Co. v. SchiffU.S. Circuit Court for the District of Southern New York · 1897
- Elgan v. Frances-Mohawk Mining & Leasing Co.Nevada Supreme Court · 1912
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