Lockwood v. . Thorne
New York Court of Appeals
Appeal from the judgment of the supreme court sitting in the third district. The action was tried before referees. On the trial it appeared that the plaintiffs, who were tanners in Ulster county, and the defendants, being leather merchants doing business in Sew-York, entered into a contract in March, 1844, by which the plaintiffs agreed to receive from the defendants, tides, and return them tanned into leather, at a specified price per pound, to be paid by defendants; among…
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Appeal from the judgment of the supreme court sitting in the third district. The action was tried before referees. On the trial it appeared that the plaintiffs, who were tanners in Ulster county, and the defendants, being leather merchants doing business in Sew-York, entered into a contract in March, 1844, by which the plaintiffs agreed to receive from the defendants, tides, and return them tanned into leather, at a specified price per pound, to be paid by defendants; among other things, the plaintiffs agreed that the hides should “be tanned in a good and workmanlike manner, and made to gain…
1Opinion of the CourtParker, J.
By the contract between the parties, the plaintiffs agreed that the hides received from the defendants should not only “ be tanned in a good and workmanlike manner,” but also that they should be “ made to gain in weight as much as good tanners make from the same description of hides.” The defendants allege that the plaintiffs failed to keep the latter part of this stipulation, and that the referees erred in not finding against the plaintiffs on that issue. However preponderating may be the weight of evidence against the finding of the referees on this point, and I think it was so, it is not a…
2Cases cited5 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Chappedelaine v. DechenauxSupreme Court of the United States · 1808
- Wilde v. JenkinsNew York Court of Chancery · 1834
- Philips v. BeldenNew York Court of Chancery · 1833
- Freeland v. Heron, Lenox & Co.Supreme Court of the United States · 1812
3Cited by67 opinions
- Rodkinson v. HaeckerNew York Court of Appeals · 1928
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Kramer, Levin, Nessen, Kamin & Frankel v. AronoffDistrict Court, S.D. New York · 1986
- Stenton v. . JeromeNew York Court of Appeals · 1873
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