White v. . Hoyt
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Picas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover a balance of charges alleged to be due plaintiff upon á quantity of malt delivered to defendants upon the faith of their promise to pay such balance. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Court of Common Picas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover a balance of charges alleged to be due plaintiff upon á quantity of malt delivered to defendants upon the faith of their promise to pay such balance. The facts appear sufficiently in the opinion. Plaintiff had no lien on the malt derived from the barley mentioned in the two receipts, except for his charges for malting those two specific lots. (Lenckhardt v. Cooper, 2 Hodg., 160;…
1Opinion of the CourtAllen, J.
It is very doubtful whether the exceptions to the rulings and decisions of the court upon the trial, and in the submission of the case to the jury were so taken as to-present any question for reviewupon this appeal. But without considering the sufficiency of the exceptions, we will examine the merits of the case so far as necessary to give' judgment, as if the questions we consider were before us. The plaintiff, upon the assurance that Gordon & Son would furnish for malting 20,000 bushels of barley, agreed to malt-the same at a' reduced price, and the several parcels or lots-of barley were…
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