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

  1. Duguid v. EdwardsNew York Supreme Court · 1867
  2. F. and M. Nat. B'k Buffalo v. . SpragueNew York Court of Appeals · 1873

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