Meyer v. Redmond
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William F. Redmond' and others, doing business as copartners, etc., from a judgment, of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of ' the county of Queens on the 17th day of May, 1910, upon the verdict of a jury, and also from an. order entered in said clerk’s office on the same day denying" the defendants’. motion for a new trial made upon "the minutes.
1Opinion of the Court
Thomas, J.:
The defendants, doing business under, the name of Adrian H. Muller & Son, sold at auction stock which was purchased by plaintiff, who sues for failure to deliver. The stock was advertised for *125sale at public auction, “ for account of whom, it may concern,” and was knocked down at public bidding to plaintiff. The terms of sale were “ 10 per cent; to-day, and the balance before one o’clock To-morrow, payable to the Auctioneers at their office, Mo. 55 William St.,” and the advertisement thereof is signed “ Adrian . H. Muller & Son, Auctioneers.” After the due payment of the ten per.…
2Cases cited18 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Mills v. HuntNew York Supreme Court · 1838
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
- Hammett v. . LinnemanNew York Court of Appeals · 1872
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3Cited by1 opinion
- American Lithographic Co. v. Dorrance-Sullivan & Co.Appellate Division of the Supreme Court of the State of New York · 1925