Legal Opinion

Comer v. . Cunningham

New York Court of Appeals

Decided May 27, 1879PublishedCited by 27 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of the defendant, entered upon a verdict. This was an action of replevin, to recover possession of forty-five bales of cotton, brought by plaintiff as surviving member of the firm of. Bates & Comer, commission merchants at Savannah, Ga.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of the defendant, entered upon a verdict. This was an action of replevin, to recover possession of forty-five bales of cotton, brought by plaintiff as surviving member of the firm of. Bates & Comer, commission merchants at Savannah, Ga. It was originally brought against James B. Cunningham, of the firm of James B. Cunningham & Co. Cunningham having died his administratrix, the present defendant, was substituted in his stead. The facts are set forth sufficiently in the…

1Opinion of the CourtRapallo, J.

The forty-five bales of cotton claimed by the plaintiff in this action were part of a lot of sixty bales which were on the 18th of November, 1870, shipped from Savannah, Georgia, to the firm of James B. Cunningham &• Co. of New York, by F. S. Williams, a business correspondent of that firm, who was in the habit of shipping cotton to them and drawing against it for advances thereon.

A bill of lading of the cotton on board the steamer San Salvador, with a sight draft attached thereto, drawn by Williams upon Cunningham & Co. for $4,500 payable to the order of Bryan & Hunter, of Savannah, and…

2Cases cited6 opinions

  1. Herring v. . HoppockNew York Court of Appeals · 1857
  2. Austin v. . DyeNew York Court of Appeals · 1871
  3. Smith v. . LynesNew York Court of Appeals · 1851
  4. Fleeman v. McKeanNew York Supreme Court · 1857
  5. Rawls v. DeshlerNew York Court of Appeals · 1867

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3Cited by27 opinions

  1. Engstrom v. WileyCourt of Appeals for the Ninth Circuit · 1951
  2. Weston v. . BrownNew York Court of Appeals · 1899
  3. McClelland v. ScrogginNebraska Supreme Court · 1892
  4. Standard Inv. Co. v. Town of Snow Hill, N. C.Court of Appeals for the Fourth Circuit · 1935
  5. Merchants' Exch. Bank v. McGrawCourt of Appeals for the Ninth Circuit · 1894

22 more not listed; retrieve them via the Exa API.

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