Hecla Powder Co. v. Sigua Iron Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Hecla Powder Company, from an order of the Supreme Court, made at the New York Special Term, bearing date the 19th day of November, 1895, and entered in the office of the clerk of the county of New York, denying the plaintiff’s motion for a new trial on the ground of newly-discovered evidence.
1Opinion of the Court
O’Brien, J.:
The action was brought to recover on an acceptance of $950 which defendant gave for Hecla powder, bought from plaintiff and to be delivered to defendant at Santiago de Cuba. The defendant denied that the powder had been delivered and set up a counterclaim, based upon the plaintiff’s attempt and failure to make delivery as agreed, whereby it suffered damage as alleged in the sum of $3,472.49 by way of a fine imposed upon it by the Spanish government, who seized the powder upon its arrival and put it in the government magazine as contraband. The issues joined by the pleadings were…
2Cases cited1 opinion
- Hecla Powder Co. v. Sigua Iron Co.New York Supreme Court · 1895
3Cited by1 opinion
- People v. MooreNew York Court of General Session of the Peace · 1899