Weston v. . Brown
New York Court of Appeals
Appeal from a judgment and order of the late General Term of the Supreme Court in the second judicial department, entered December 4, 1895, affirming a judgment in favor of plaintiffs entered upon the report of a referee.
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Appeal from a judgment and order of the late General Term of the Supreme Court in the second judicial department, entered December 4, 1895, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover upon promissory notes given to the plaintiffs by the defendants on account of lumber, and also to recover a balance alleged to be due upon the account for the lumber, for discounts paid upon the paper and for money paid for freights. The facts, so far as material, are stated in the opinion. The agreement under which, as the referee found,…
1Opinion of the Court
Parker, Ch. J.
The plaintiffs shipped to the defendants, at their request, lumber of the value of $185,392.57. Of this lumber $151,881.50 in value was sold by the defendants, who collected and retained the proceeds; this left on hand lumber of the value of $33,511.07, which the defendants insured for their own benefit. This lumber was burned while thus insured and in the defendants’ possession, and the plaintiffs have not been permitted to recover anything on account of such lumber in this action ; but the question whether the plaintiffs should have been allowed to recover for the lumber not…
2Cases cited5 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Austin v. . DyeNew York Court of Appeals · 1871
- Schwinger v. . RaymondNew York Court of Appeals · 1880
- Comer v. . CunninghamNew York Court of Appeals · 1879
3Cited by11 opinions
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- Eightway Corp. v. Dime Savings BankCivil Court of the City of New York · 1978
- Desbecker v. McFarLineAppellate Division of the Supreme Court of the State of New York · 1899
- Smart v. ValenciaNevada Supreme Court · 1926
- Empire State Surety Co. v. NelsonAppellate Division of the Supreme Court of the State of New York · 1910
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