Pond v. . Starkweather
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon an alleged oral promise made by defendants, two members of the firm of Hiram Sibley & Co., to pay for a quantity of seeds, delivered by one Briggs, plaintiff’s assignor, to said firm.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon an alleged oral promise made by defendants, two members of the firm of Hiram Sibley & Co., to pay for a quantity of seeds, delivered by one Briggs, plaintiff’s assignor, to said firm. The facts appear sufficiently in the opinion. The fact that the seeds were delivered to Sibley & Co. in bulle, under the written contract, and passed,…
1Opinion of the CourtDanforth, J.
The pleadings state a variety of facts, but only a single point, viz.: a promise by defendants to pay B., plaintiff’s assignor, the value of a certain lot of eleven hundred boxes of seeds, upon condition that he would transfer and deliver them to the firm of H., S. & Co., performance by him, and on their part a breach. After evidence by the plaintiff, the defendants’ counsel moved" for a nonsuit upon the ground, in substance, that the alleged cause of action was unproven. Evidence had been given by B. (the assignor) that upon the occasion of negotiation between himself, of one part, as…
2Cited by2 opinions
- Davidson v. RaffertyDistrict Court, E.D. New York · 1929
- McIntyer v. HousemanAppellate Court of Illinois · 1901