Legal Opinion

Lockwood v. . Thorne

New York Court of Appeals

Decided December 5, 1858PublishedCited by 93 opinions

Appeal from the Supreme Court. In March, 1844, the plaintiffs, who were tanners, in Ulster county, made a contract with the defendants, leather merchants, in the city of New York, to receive from them hides to be tanned at a stipulated compensation, and agreed that the hides should be made to gain in weight as much as good tanners make from the same description of hides.”

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Appeal from the Supreme Court. In March, 1844, the plaintiffs, who were tanners, in Ulster county, made a contract with the defendants, leather merchants, in the city of New York, to receive from them hides to be tanned at a stipulated compensation, and agreed that the hides should be made to gain in weight as much as good tanners make from the same description of hides.” Under this contract the plaintiffs received and tanned a large quantity of hides, which were returned from time to time, the contract being renewed from year to year. A large number of hides were thus received and tanned in…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] No question seems to have been made in the court below, in regard to the legal effect of an account stated. It was assumed that if an account had been stated between the parties, the plaintiffs were precluded from showing that it was incorrect. The point of litigation in the Supreme Court seems to have been, whether an account had in fact been stated. It was therefore to this question of fact that the evidence was directed, and the question now for our…

2Cited by93 opinions

  1. R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
  2. Young v. . HillNew York Court of Appeals · 1876
  3. Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
  4. Meagher v. KavliSupreme Court of Minnesota · 1958
  5. Schutz v. . MoretteNew York Court of Appeals · 1895

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