Anderson v. West
The Superior Court of New York City
Appeal from a judgment. The complaint alleged that the plaintiff, then residing-in the State of Ohio, was solicited by the defendants to ship and consign to them peaches ‘‘during the then peach season” to the city of Yew York.
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Appeal from a judgment. The complaint alleged that the plaintiff, then residing-in the State of Ohio, was solicited by the defendants to ship and consign to them peaches ‘‘during the then peach season” to the city of Yew York. That to induce the plaintiff to make the consignment, the defendants stated that they were well'acquainted with the Yew York peach market, and that a medium or average of the-peaches grown in plaintiff’s locality would readily bring-in the new York market, at least from six to eight dollars, per crate, and that he could rely upon, at least, the average price of seven…
1Opinion of the Court
By the Court.—Monell, Ch. J.
I think there-was sufficient evidence to justify the finding of the referee, that the agreement between the parties was for-the whole peach season of 1868. It was so alleged, substantially, in the second paragraph of the complaint, where it is stated, that the plaintiff was solicited by the defendants to consign peaches “ during the then peach season.” That seems to have been the foundation upon which the alleged agreement was made ; and the whole tenor of the testimony is susceptible of no other-construction. Indeed, it would be difficult to determine' or…
2Cases cited4 opinions
- Newell v. . DotyNew York Court of Appeals · 1865
- Lewis v. IngersollNew York Court of Appeals · 1864
- Heroy v. KerrThe Superior Court of New York City · 1861
- Hulce v. ShermanNew York Supreme Court · 1856