Duplex Printing Press Co. v. Journal Printing Co.
Superior Court of Delaware
The contract between the parties for the sale of the printing press, the subject matter of the action of replevin, was in the following form: “Wilmington, Del., Dec. 22, 1891. “ C. W. Edwards, Esq., “Manager ‘ Evening Journal.’ ‘ ‘ Dear Sir : “ The Duplex Printing Press Company, of Battle Creek, Michigan, submit to the Journal Printing Company, of Wilmington, Delaware, the following proposal: “We will build for you and have set up in running order in your press room by the…
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The contract between the parties for the sale of the printing press, the subject matter of the action of replevin, was in the following form: “Wilmington, Del., Dec. 22, 1891. “ C. W. Edwards, Esq., “Manager ‘ Evening Journal.’ ‘ ‘ Dear Sir : “ The Duplex Printing Press Company, of Battle Creek, Michigan, submit to the Journal Printing Company, of Wilmington, Delaware, the following proposal: “We will build for you and have set up in running order in your press room by the 25th day of March, 1892, provided that if ytiu do not move from your present place of business the time may be extended…
1Opinion of the Court
Tore, C. J:—
That is not our practice. Immediately after the jury goes out is in ample time to note an exception.
Verdict for plaintiff for $4000.00.
Motions were made on behalf of defendant, for a new trial and in arrest of judgment. After argument, the court on March 30th, handed down the following decision, refusing said motions:
Boyce, J:—
The defendant, by its counsel, has moved for a new trial, and in arrest of judgment, because there was a change in the personel of the court during the progress of the trial. It admits that the court was, on the first day of the trial, a constitutional…
2Cases cited5 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Hill v. PeopleMichigan Supreme Court · 1868
- People of the State of N.Y. v. . ShawNew York Court of Appeals · 1875
- Tuttle v. . the PeopleNew York Court of Appeals · 1867
- Durham v. HudsonIndiana Supreme Court · 1853
3Cited by3 opinions
- Peri v. StateDistrict Court of Appeal of Florida · 1983
- Starr v. GovatosSuperior Court of Delaware · 1925
- Mills Novelty Co. v. TranseauSuperior Court of Delaware · 1937