Coman v. . Lakey
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, rendered upon a case submitted .under section 372 of the Code of Procedure.
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Appeal from the judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, rendered upon a case submitted .under section 372 of the Code of Procedure. The facts submitted were substantially as follows; On ¡November 25, 1870, Armstrong, Follett & Co., for themselves and one Innis, who had an interest with them, in' pursuance of a prior agreement, sold to the Alder Brook Woolen Company, a corporation organized under the general manufacturing act (chap. 40, Laws of 1848), certain machinery, the said corporation giving its promissory notes for the…
1Opinion of the Court
Church, Ch. J.
The facts stated in the submission in legal effect constituted a sale of the machinery in controversy by Imiis, and the firm of Armstrong, Follett & Cd., the defendant’s assignors, to the Alder Brook Woolen Company, under an agreement that the property was to be paid for at certain specified periods, and the payments to be secured by the notes of the company, and a chattel mortgage to each of said parties upon the property sold. The transaction was consummated by the delivery of the notes, and the execution and delivery of the mortgages. The defendant, in March, 1872, became the…
2Cases cited3 opinions
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
- Husted v. . IngrahamNew York Court of Appeals · 1878
3Cited by15 opinions
- Black v. . EllisNew York Court of Appeals · 1910
- Reid v. KierOregon Supreme Court · 1944
- Gutermuth v. RopieckiNew Jersey Superior Court Appellate Division · 1977
- Dutton v. DavisSupreme Court of Vermont · 1931
- Washington Trust Co. v. Morse Iron Works & Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1905
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