First National Bank of Chicago v. Dean
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the City of New York, entered upon an order made January 13, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the value of twenty barrels of brandy. The facts, so far as material, are stated in the opinion. The plaintiff should have been required to elect at the commencement of the trial upon which ground it would proceed.
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Appeal from judgment of the General Term of the Superior Court of the City of New York, entered upon an order made January 13, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the value of twenty barrels of brandy. The facts, so far as material, are stated in the opinion. The plaintiff should have been required to elect at the commencement of the trial upon which ground it would proceed. (Rodermund v. Clark, 46 N. Y. 356; Fowler v. Bank, 113 id. 450; Roberts v. Leslie, 14 J. & S. 76.) The relations of the parties are to be…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a judgment against the defendants for the value of twenty barrels of brandy which the plaintiff claimed to own, and the defendants refused to deliver, except upon payment of the United States internal revenue tax. The brandy had been purchased in California and consigned to Marschall, Spellman & Co., of FTew York, where it arrived and was stored by the owners in defendants’ warehouse about July 9, 1889. The defendants delivered to the owners two negotiable warehouse receipts for the same, one for eleven barrels and the other for nine barrels. Both were in precisely the…
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