Legal Opinion
Kelly v. Scripture
New York Supreme Court
Decided December 15, 1876Published
Appeal from an order denying a motion to vacate an order of arrest.
1Opinion of the Court
Beady, J.:
The defendant received from the plaintiffs some malt for sale, which had not been disposed of. The latter then wrote him as follows:
“ Phelps, Out. Co., N. Y., December 13, 1875.
“ F. E. Scripture :
“Dear Sie.— We wish you would dispose of the two cars of two-rowed you have in store at the best price you can obtain. Will you permit us to ship you one car of six-rowed in accordance with sample sent you, which you may dispose of for cash or thirty days’ time, and we draw on you for $1,000 on the two cars of two-rowed, and the one of six-rowed ? If this meets with your approval, please…
2Cases cited2 opinions
- Duguid v. EdwardsNew York Supreme Court · 1867
- F. and M. Nat. B'k Buffalo v. . SpragueNew York Court of Appeals · 1873