MacY v. . Wheeler
New York Court of Appeals
Appeal from, an order of the Supreme Court granting a new trial, with a stipulation for final judgment. The action was to' recover for a bill of sails furnished by the plaintiff’s intestate for the bark Peytona, of the value of $552.23. The sails were ordered by Antonio Pelletier, in December, 1852, or January, 1853, and the defendant claimed, in his answer, they were furnished on the credit of Pelletier, the defendant not owning the vessel when they were ordered and…
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Appeal from, an order of the Supreme Court granting a new trial, with a stipulation for final judgment. The action was to' recover for a bill of sails furnished by the plaintiff’s intestate for the bark Peytona, of the value of $552.23. The sails were ordered by Antonio Pelletier, in December, 1852, or January, 1853, and the defendant claimed, in his answer, they were furnished on the credit of Pelletier, the defendant not owning the vessel when they were ordered and furnished. The liability of the defendant was rested by the court, at the trial, on two grounds: 1st. The jury were instructed…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only exception on the part of the defendant was to the refusal to non-suit at the close of the plaintiff's evidence. It was not, perhaps, error to decline to hold, on the proof then given, as matter…
2Cited by29 opinions
- American Car & Foundry Co. v. BrassertSupreme Court of the United States · 1933
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Glassford v. LewisNew York Supreme Court · 1894
- The New YorkDistrict Court, E.D. New York · 1899
- Scull v. RaymondDistrict Court, S.D. New York · 1883
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