Legal Opinion

Morris v. Hofferberth

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1903PublishedCited by 10 opinions

Appeal by the plaintiff, Charles W. Morris, from a judgment of •the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cattaraugus on the 21st day of June, 1902, upon, the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of June, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.

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Appeal by the plaintiff, Charles W. Morris, from a judgment of •the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cattaraugus on the 21st day of June, 1902, upon, the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of June, 1902, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced in October, 1901, to recover for goods, wares and merchandise sold and delivered to the defendant during the months of April and May, 1901, of the alleged value and agreed price of…

1Opinion of the Court

McLennan, J.:

Early in the year 1901 the plaintiff purchased from one William E. Upton of the city of Hew York, for the sum of about $9,000, a lumber business located in One Hundred and Thirty-eighth street *514in said city. It consisted of lumber of various kinds, the use of a yard where' it was stored, horses and wagons for delivering the same, an office and all other facilities for conducting such business. Immediately on making such purchase the plaintiff put in charge of the business one H. L. Garwood, to manage and run the same, as •his agent. He was authorized to sell the lumber at such…

2Cited by10 opinions

  1. Gresham State Bank v. O & K Construction Co.Oregon Supreme Court · 1962
  2. Hutzler v. Hertz Corp.New York Court of Appeals · 1976
  3. Morrison v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1913
  4. Cluett v. CoutureAppellate Division of the Supreme Court of the State of New York · 1910
  5. Szwento Juozupo Let Draugystes v. Manhattan Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1917

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