Wilber v. . Sisson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the eighth judicial district, setting aside a verdict in favor of plaintiff and directing a new trial. (Reported below, 53 Barb., 258.) This action was brought by plaintiff as the assignee of one John Gamel, to recover the sum of $402.19, alleged to have been received by defendant for the use of Gamel.
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Appeal from order of the General Term of the Supreme Court, in the eighth judicial district, setting aside a verdict in favor of plaintiff and directing a new trial. (Reported below, 53 Barb., 258.) This action was brought by plaintiff as the assignee of one John Gamel, to recover the sum of $402.19, alleged to have been received by defendant for the use of Gamel. One Ansel F. Conger, being the owner of two dairy farms in the vicinity of a cheese factory in the town of Collins, Erie county, known as the first cheese factory of Collins, entered into an agreement with John Gamel, in January,…
1Opinion of the Court
Gray, C.
The agreement under which Gamel agreed to “ work the dairy and land” of Conger, so far as it related to the cheese to be manufactured from the milk yielded by the dairy thereon, is susceptible of but one just construction, and that is that Gamel was not to take or dispose of any portion, of it until after he should deliver 9,600 pounds to Conger, at whatever place it should be contracted to be sold. It was but the residue of the cheese, with the butter thereafter produced from the milk of the dairy, that was to belong to him, and to the avails of the 9,600 pounds of cheese, the first…
2Cases cited1 opinion
- Hitchings v. . Van BruntNew York Court of Appeals · 1868
3Cited by2 opinions
- Vedder v. DavisNew York Supreme Court · 1888
- Soule v. MoggNew York Supreme Court · 1885