Crossman v. Universal Rubber Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 6, 1890, which denied a motion for a new trial and ordered a judgment in favor of defendant upon a verdict directed by the court.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 6, 1890, which denied a motion for a new trial and ordered a judgment in favor of defendant upon a verdict directed by the court. The plaintiffs, partners doing business in the firm name of W. H. Crossman & Bro., in the city of Hew York, about the 1st of May, 1888, sold and delivered to the defendant, a corporation of the state of Hew York, a quantity of goods at the price of $9,309, for which the defendant gave them its three promissory notes of May 5, 1888, payable to…
1Opinion of the CourtBradley, J.
The question arises whether the proceedings taken by the plaintiffs in the courts of Hew Jersey constituted an election of remedy inconsistent with that which they seek to enforce by this action upon the note taken by them for a portion of the consideration of the sale of the goods, which was the subject of those proceedings in that state. Those proceedings were taken there with a view to the collection of the purchase-price of the goods sold, and such price is represented by the notes. The rule is well settled that when a party has elected to adopt and has pursued one of two inconsistent…
2Cases cited6 opinions
- Moller v. . TuskaNew York Court of Appeals · 1881
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Littlefield v. BrownNew York Supreme Court · 1828
- Wigand v. SichelNew York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- In Re MeiselmanCourt of Appeals for the Second Circuit · 1939
- Frey v. TorreyAppellate Division of the Supreme Court of the State of New York · 1902
- Wood v. ClaiborneSupreme Court of Arkansas · 1907
19 more not listed; retrieve them via the Exa API.