St. Regis Paper Co. v. Tonawanda Board & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Tonawanda Board and Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the dlerk of. the county of Jefferson on the 7th day of July, 1904, upon the verdict of a jury, and also from an .order entered in said clérk’s office on the 12th day of July, 1904, denying the defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon such appeal an…
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Appeal by the defendant, the Tonawanda Board and Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the dlerk of. the county of Jefferson on the 7th day of July, 1904, upon the verdict of a jury, and also from an .order entered in said clérk’s office on the 12th day of July, 1904, denying the defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office oh the 7th day of July, 1904, denying the defendant’s motion for a nonsuit, and also…
1Opinion of the Court
Spring, J.:
The parties are domestic corporations. In October, 1903, the defendant purchased of H. G. Craig & Co. of New York city, who were the sales agents of the plaintiff, a quantity of pulp manufactured by the plaintiff at a stipulated price per ton for air-dry weight. This pulp when shipped was wet, and a disagreement arose over the proper percentage to be deducted for the moisture it contained. A representative on behalf of the plaintiff made a test of this pulp and a man representing the defendant at the same time made another test in its behalf and they disagreed in the results…
2Cases cited8 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Department of Fisheries v. J-Z Sales Corp.Court of Appeals of Washington · 1980
- Lange-Finn Construction Co. v. Albany Steel & Iron Supply Co.New York Supreme Court · 1978
- Nardine v. Kraft Cheese CompanyIndiana Court of Appeals · 1944
- In re International Mineral Co.District Court, D. Connecticut · 1915
- Capitol Coal Corp. v. Juneglory Realty Corp.City of New York Municipal Court · 1935
4 more not listed; retrieve them via the Exa API.