Legal Opinion

Powers v. McLean

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1897PublishedCited by 4 opinions

Appeal by the plaintiffs, Millard F. Powers and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of July, 1896, upon the report of a referee dismissing their complaint. The action was brought to recover damages because of the nondelivery of goods sold to, and paid for by, the plaintiffs.

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Appeal by the plaintiffs, Millard F. Powers and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of July, 1896, upon the report of a referee dismissing their complaint. The action was brought to recover damages because of the nondelivery of goods sold to, and paid for by, the plaintiffs. The plaintiffs ordered fifty bales of mosquito netting through one Loisson, in October, 1895. Their letter to Loisson reads as follows: “Cleveland, Ohio, October 29/95. “L. C. Loisson, Great Northern Hotel,…

1Opinion of the Court

Barrett, J. :

The question here of the defendant’s liability is not a question of fact pure and simple. . It is rather a question as to the legal conclusion which should follow the inferences properly deducible from certain undisputed facts. It is quite true that the plaintiffs made no direct personal contract with the defendant for the purchase of the goods in question. They never in fact saw the defendant upon the subject of the sale. But it is equally true that they made no direct, personal contract with R. & H. Adams. They never saw any member of that firm upon this same subject. What is…

2Cases cited3 opinions

  1. Cobb v. . KnappNew York Court of Appeals · 1877
  2. Mills v. HuntNew York Supreme Court · 1838
  3. Ferris v. . KilmerNew York Court of Appeals · 1872

3Cited by4 opinions

  1. Meyer v. . RedmondNew York Court of Appeals · 1912
  2. Commercial Bank v. WatersAppellate Division of the Supreme Court of the State of New York · 1899
  3. John Minder & Son, Inc. v. L. D. Schreiber Co.District Court, S.D. New York · 1947
  4. Lyon v. TookerNew York Supreme Court · 1938

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