Everett v. Parks
New York Supreme Court
APPEAL from a judgment of the county court of Oneida county, affirming a judgment rendered by a justice of the peace. The action was brought to recover the value of a chest of tea, alleged to have been sold and delivered by the plaintiffs to the defendant, on the 17th day of December, 1870. The defendant answered orally, by a general denial. It was tried by the court without a jury. There was no appearance on the part of the defendant, on the trial.
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APPEAL from a judgment of the county court of Oneida county, affirming a judgment rendered by a justice of the peace. The action was brought to recover the value of a chest of tea, alleged to have been sold and delivered by the plaintiffs to the defendant, on the 17th day of December, 1870. The defendant answered orally, by a general denial. It was tried by the court without a jury. There was no appearance on the part of the defendant, on the trial. The plaintiffs are grocers, doing business in the city of Utica, under the firm name of Everett, Mayer & Co. The defendant is a farmer, and…
1Opinion of the Court
By the Gourt,
Johnson, J.
The action was commenced in a justice’s court, to recover the price of goods sold and delivered upon credit. The complaint alleged that the plaintiffs, on or about the 17th of December, 1870, at the defendant’s instance and request, sold and delivered to him one half chest of tea of fifty-three pounds, at ninety cents per pound, which price the defendant agreed to pay in thirty days. , The defendant appeared, on the return day of the summons, and answered, denying each and every allegation of the complaint. . The cause. was adjourned, and on the adjourned day the…
2Cases cited3 opinions
- Northrup v. JacksonNew York Supreme Court · 1834
- Warnick v. CraneNew York Supreme Court · 1847
- Perkins v. StebbinsNew York Supreme Court · 1859
3Cited by1 opinion
- Pultz v. DiossyNew York Court of Common Pleas · 1877