Hartley v. Cataract Steam Engine Co. No. 2
New York Supreme Court
Appeal from Bichmond county court. Action by Mark Hartley, as assignee of Charles M. Pine and Charles T. Pine, against Cataract Steam Engine Company Ho. 2, for goods, wares, and merchandise. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtPratt, J.
The assignment of the claim in suit to the plaintiff was denied, and the plaintiff proved the fact by producing the assignment and proving its execution. The witness Pine was one of the assignors, and a member of the firm that sold the goods in suit. It was proper for him to look at the firm books to refresh his memory as to the goods delivered to the defendant. Bigelow v. Hall, 91 N. Y. 145; Raux v. Brand, 90 N. Y. 309. The witness Pine testified that the goods were sold and delivered to one Gorman, who had charge of defendant’s engine house, and that he had sold similar goods to him before,…
2Cases cited2 opinions
- Bigelow v. . HallNew York Court of Appeals · 1883
- Raux v. . BrandNew York Court of Appeals · 1882