Schwab v. Oatman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frederic A. Oatman and another, doing business as the Mercantile Warehouse Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Mew York on the 12th day of December, 1907, upon the decision of the court, rendered after a trial at the New York Trial Term, a jury having been waived.
1Opinion of the Court
Ingraham, J.:
The facts in this ease are not seriously disputed. Plaintiffs are engaged as manufacturers and merchants in the city of Mew York, and defendants are engaged in conducting a warehouse in said city. During the year 1903 a domestic corporation known as the James Freeman Brown Company was engaged in business in such city as the selling agent for mills which manufactured cotton goods in the United States. On March 28, 1903, the James Freeman Brown Company sold to the plaintiffs 50,000 yards of cotton duck and delivered to them a memorandum describing the goods as the brand “ Carson,”…
2Cases cited5 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Collins v. . RalliNew York Court of Appeals · 1881
- Thalmann v. . Capron Knitting CompanyNew York Court of Appeals · 1905
- Thalmann v. Capron Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- San Angelo Wine & Spirits Corp. v. South End Warehouse Co.Appellate Division of the Superior Court of California · 1936