Ryan v. . Ward
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This is an action to recover a balance due on a contract for the delivery of hides. The hides were delivered at various dates, from February, 1863, until the latter part of August in the same year. Payments were made to the plaintiff’s agent weekly, and receipts given by him.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This is an action to recover a balance due on a contract for the delivery of hides. The hides were delivered at various dates, from February, 1863, until the latter part of August in the same year. Payments were made to the plaintiff’s agent weekly, and receipts given by him. Fifteen of these receipts, between May and February, were expressed to be in full. The referee found the agreement to be as alleged by the…
1Opinion of the Court
The facts are all found in favor of the plaintiff. They are sustained by competent evidence, and the judgment has been affirmed by the General Term. We can make no inquiry into the facts, but must take them as given by the referee in his report.
There is but a single question of law in the case. During the delivery of the hides payments for them were usually made weekly. On several of these occasions receipts were given for the precise amounts paid, which were expressed to be in full for the hides. In fact, the payment was not in full, but a further sum was then due. This was known to the…
2Cases cited3 opinions
- Kellogg v. RichardsNew York Supreme Court · 1835
- Boyd v. HitchcockNew York Supreme Court · 1822
- Le Page v. McCreaNew York Supreme Court · 1828
3Cited by80 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Martin v. CampanaroCourt of Appeals for the Second Circuit · 1946
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