Cayuga County National Bank v. Daniels
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the seventh judicial district, reversing judgment entered upon report of a referee in favor of plaintiff, and granting a new trial. This is an action to recover the value of 2,600 barrels of apples consigned to the defendants, under the circumstances detailed in the opinion, which contains a statement of the facts pertinent to the questions decided.
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Appeal from order of the General Term of the Supreme Court in the seventh judicial district, reversing judgment entered upon report of a referee in favor of plaintiff, and granting a new trial. This is an action to recover the value of 2,600 barrels of apples consigned to the defendants, under the circumstances detailed in the opinion, which contains a statement of the facts pertinent to the questions decided. Consignees do not obtain liens for balances on general account until the goods are actually in their possession, although they may have accepted on faith of consignment. (2 Kent Com.,…
1Opinion of the CourtGrover, J.
This case having been tried and the judgment rendered upon the report of a referee, and the order of reversal by the General Term not showing that it was based in whole or in part upon error of fact, it must be assumed by this court to have been based upon errors of law only. (Code, § 268). The referee finds the fact, that on the 30th October, 1868, the consignors, Gutchess, Houghtaling & Graham were the owners of 2,600 barrels of apples then on board the canal boat IT. 37. Farnum, Jr., who, on that day, started the boat to 37ew York, delivering the captain a shipping bill, of which a copy is…
2Cited by18 opinions
- Greenwood Grocery Co. v. Canadian County Mill & Elevator Co.Supreme Court of South Carolina · 1905
- Leuthold v. FairchildSupreme Court of Minnesota · 1886
- Merchants Bank of Canada v. Union RailroadNew York Court of Appeals · 1877
- Freeman v. KraemerSupreme Court of Minnesota · 1895
- German Bank v. . EdwardsNew York Court of Appeals · 1873
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