Latimer v. . Burrows
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence, as to what plaintiff sold the balance of the lumber to Pierce for, was improperly received.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence, as to what plaintiff sold the balance of the lumber to Pierce for, was improperly received. (Roe v. Hanson, 5 Lans. 304; People ex rel. v. McCarthy, 102 N. Y. 630; Murray v. G. W. Ins. Co., 72 Hun, 282; Flannagan v. Maddin, 81 N. Y. 623; Matter of Smith,…
1Opinion of the CourtMartin, J.
This action was upon a promissory note given for a portion of about three hundred thousand feet of lumber sold-by the plaintiff to the defendants. The answer contained a counterclaim for damages for a breach of the contract by the plaintiff, who refused to deliver the full amount of the lumber purchased. There was a written contract between the parties, under seal. Whether it was modified or superseded by a subsequent oral agreement was submitted as a question of fact to the jury, which found a verdict in favor of the plaintiff for the full amount of the note, with interest, thus disallowing…
2Cases cited7 opinions
- Jones v. . MorganNew York Court of Appeals · 1882
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Campbell v. . WoodworthNew York Court of Appeals · 1859
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
- Hoffman v. . ConnerNew York Court of Appeals · 1879
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3Cited by14 opinions
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- Triangle Waist Co. v. . ToddNew York Court of Appeals · 1918
- Sitrin Brothers, Inc. v. Deluxe Lines, Inc., New York County Courts1962
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