Smith v. . Clews
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 9, 1888, which affirmed a judgment dismissing the complaint ordered at the Circuit. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 9, 1888, which affirmed a judgment dismissing the complaint ordered at the Circuit. The nature of the action and the facts are sufficiently stated in the opinion. Evidence is always admissible to explain the meaning of terms used in any particular trade or occupation when their meaning becomes material in order to construe a contract; and the principle on which the rule is founded extends to forms of expression as well as to single words. (Dana v. Fiedler, 12 N. Y.…
1Opinion of the CourtBrown, J.
This action was brought to recover the possession of two diamonds with their settings, constituting what is called, in the evidence, a pair of diamond ear-knobs.
The plaintiffs are dealers in diamonds having their place of business at Mo. 14 John street in Mew York city. On the 11th day of April, 1879, Borden W. Plumb, who was a diamond broker, introduced to Mr. Alfred H. Smith, one of the plaintiffs, one Elijah Miers, telling Smith that Miers thought that if he saw a pair of ear-knobs that suited him, he could sell them to Mr. Clews, and that he had brought him to the plaintiffs’ store that…
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