Gurney v. Atlantic & Great Western Railway Co.
New York Court of Appeals
There were two appeals in this matter, one by Robert Hitchcock, receiver of the Atlantic and Great Western Railway Company, and one by Jeremiah S. Black, from an order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term in reference to payments from a fund in the hands of Robert B. Potter, receiver. (Reported below, 2 FT.
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There were two appeals in this matter, one by Robert Hitchcock, receiver of the Atlantic and Great Western Railway Company, and one by Jeremiah S. Black, from an order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term in reference to payments from a fund in the hands of Robert B. Potter, receiver. (Reported below, 2 FT. Y. S. C. R. [T. & C.], 446.) In 1867, this suit was pending in the Supreme Court to foreclose a mortgage executed by the Atlantic and Great Western Railway Company. On the 27th day of March, 1867, Robert B. Potter…
1Opinion of the Court
Church, Ch. J.
The undertaking of Baylor & Co. extended, I think, to the quality of the article contracted for as well as the material and general description. The referee finds that the order for the frogs required that they should correspond in all respects with a sample theretofore delivered by Baylor & Co. to the railway company, except as to a slight change in the pattern agreed upon. The form of the transaction would seem to constitute Baylor & Co. agents to procure the manufacture of the frogs, but it has been assumed throughout that they were the principals, and intended to deal with…
2Cases cited6 opinions
- Day v. . PoolNew York Court of Appeals · 1873
- Aikin v. . WassonNew York Court of Appeals · 1862
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Coffin v. . ReynoldsNew York Court of Appeals · 1868
- Ericsson v. BrownNew York Supreme Court · 1862
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3Cited by78 opinions
- Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- Claim of Bowne v. S. W. Bowne Co.New York Court of Appeals · 1917
- Vane v. NewcombeSupreme Court of the United States · 1889
- Stanton v. SingletonCalifornia Supreme Court · 1899
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