Griffin v. Carr
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Carr and Daniel Carr, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 8th day of March, 1897, upon the verdict of a jury,, and .also from an order bearing date the 4th day of March, 189-7, and entered in said clerk’s office denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This action was Drought to recover the price of certain woo,d sold ■and delivered ,to defendants, who, it is alleged, were partners. Both defendants answered, the defendant Daniel C.arr interposing a .general denial; the defendant John Carr admitting that the plaintiff liad sold and delivered .wood to him, but denying that the sale *52amounted to the sum stated, or any considerable' part thereof. On the trial the court held that the plaintiff could.recover only the value of the wood actually delivered, and for that sum directed a verdict, against the defendant John Carr. The liability…
2Cases cited1 opinion
- Tracy v. . McManusNew York Court of Appeals · 1874
3Cited by1 opinion
- Hallenbeck v. SmithAppellate Division of the Supreme Court of the State of New York · 1900