Comer v. . Cunningham
New York Court of Appeals
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.
Read the full summary
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
- Herring v. . HoppockNew York Court of Appeals · 1857
- Austin v. . DyeNew York Court of Appeals · 1871
- Smith v. . LynesNew York Court of Appeals · 1851
- Fleeman v. McKeanNew York Supreme Court · 1857
- Rawls v. DeshlerNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Engstrom v. WileyCourt of Appeals for the Ninth Circuit · 1951
- Weston v. . BrownNew York Court of Appeals · 1899
- McClelland v. ScrogginNebraska Supreme Court · 1892
- Standard Inv. Co. v. Town of Snow Hill, N. C.Court of Appeals for the Fourth Circuit · 1935
- Merchants' Exch. Bank v. McGrawCourt of Appeals for the Ninth Circuit · 1894
22 more not listed; retrieve them via the Exa API.