Marfield v. . Goodhue
New York Court of Appeals
Appeal from the superior court of the city of New-York, where the action was case brought by Marfield against Good-hue and others for selling a quantity of pork contrary to the instructions of the plaintiff.
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Appeal from the superior court of the city of New-York, where the action was case brought by Marfield against Good-hue and others for selling a quantity of pork contrary to the instructions of the plaintiff. On the trial before Oakley, Oh, Í. in October, 1847, it appeared that during the years 1846 and L847, the defendants were commission merchants and factors in the city of New~York, and that previous to December, 1846, the plaintiff, who resided at Chillicothe, Ohio, had from time to time consigned to them a large quantity of pork. The consignments were made without any specific…
1Opinion of the CourtCady, J.
Two questions are to be determined : 1st. Did the chief justice commit any error in the charge given to the jury? 2d. Ought he to have given to the jury all or any of the instructions which he was requested to give by the plaintiff’s counsel?
To determine whether the charge was such as the law required, the facts in the case must all be taken into consideration. These parties lived so near to each other, that letters could pass from one to the other in five or six days4_mrd they could, without any inconvenient delay, consult each other and inform each other of their intentions, views and…
2Cases cited1 opinion
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
3Cited by8 opinions
- Ward v. American Health Food Co.Wisconsin Supreme Court · 1903
- Commercial National Bank of Pennsylvania v. HeilbronnerNew York Court of Appeals · 1888
- M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1901
- Mooney v. MusserIndiana Supreme Court · 1873
- Fordyce v. PeperUnited States Circuit Court · 1883
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