Bradley v. . Wheeler
New York Court of Appeals
Appeal from an order of the Yew York Superior Court, at General Term, affirming a judgment entered upon a verdict in favor of the plaintiffs. This was an action brought in the Superior Court of the city of Yew York, to recover the price of a cargo of hay, consisting of 1,197 bales of good hay and thirty bales of clover, claimed to have been sold and delivered to the defendants on or about the 9th day of December, 1863, at specified prices per pound.
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Appeal from an order of the Yew York Superior Court, at General Term, affirming a judgment entered upon a verdict in favor of the plaintiffs. This was an action brought in the Superior Court of the city of Yew York, to recover the price of a cargo of hay, consisting of 1,197 bales of good hay and thirty bales of clover, claimed to have been sold and delivered to the defendants on or about the 9th day of December, 1863, at specified prices per pound. The defendants, by then-answer, admitted that the plaintiffs, at the time mentioned, sold and delivered to them 122 bales of shipping hay and…
1Concurrence
The plaintiffs, on the 9th day of December, 1863, had, in the city of New York, a barge load of hay, consisting of 1,197 bales of good and shipping hay and thirty bales of black clover hay, and they met defendant Wheeler, on one of the piers of the North river, near to and in plain sight of the barge. Some of the bales were in the hold of the vessel and the rest on deck, and the weight of each bale was marked upon it. One of the plaintiffs then had in his possession, but did not show to Wheeler, the tallies made by himself, showing the number of the bales and the weight of each bale. They…
2Cases cited5 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Terry v. . WheelerNew York Court of Appeals · 1862
- Leonard v. DavisSupreme Court of the United States · 1862
- Sewall v. GibbsThe Superior Court of New York City · 1829
- Sheldon v. Sherman & Van DuzenNew York Supreme Court · 1864