Empire Mfg. Co. v. Moers
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Cayuga county. Action by the Empire Manufacturing Company against Charles Z. Moers and another to recover for levying on plaintiff’s property. Judgment was rendered for plaintiff, and defendants appealed. Affirmed. Trial before the Cayuga trial term without a jury.
Read the full summary
Appeal from trial term, Cayuga county. Action by the Empire Manufacturing Company against Charles Z. Moers and another to recover for levying on plaintiff’s property. Judgment was rendered for plaintiff, and defendants appealed. Affirmed. Trial before the Cayuga trial term without a jury. Plaintiff commenced an action against the sheriff of Cayuga county for acts done by him in virtue of an attachment and an execution issued upon a judgment in favor of the defendants in this action. Subsequent to the commencement of this action the defendants were substituted in place of the sheriff as…
1Opinion of the CourtHardin, P. J.
Plaintiff is a foreign corporation, wholly engaged in carrying on a manufacturing business in this state. In the month of February, 1896, a negotiation was had between the plaintiff and Pratt, of Boston, for the purchase of a quantity of composition metal, and a purchase was consummated by telephone and letter, and the metal was shipped from Boston to the plaintiff, and reached the city of Auburn about March 2, 1896, the invoice having been transmitted on the 26th of February, for 25,338 pounds, at the agreed price of $1,900.35. Immediately after the arrival of the composition the plaintiff…
2Cases cited10 opinions
- Kinney v. . KiernanNew York Court of Appeals · 1872
- Brown v. . FosterNew York Court of Appeals · 1888
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- People Ex Rel. Tiffany Co. v. . CampbellNew York Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923