Stilwell v. Staples
The Superior Court of New York City
Case upon a verdict taken for the plaintiffs for the sum of $832.97, subject to the opinion of the court at General Term, and to be heard there in the first instance as to the defendant’s claim of set-off, with liberty to the court to ascertain by reference the amount of such claim if allowed; and also, with liberty to modify the verdict, and to give judgment for the defendant, if entitled thereto, by reason of the set-off.
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Case upon a verdict taken for the plaintiffs for the sum of $832.97, subject to the opinion of the court at General Term, and to be heard there in the first instance as to the defendant’s claim of set-off, with liberty to the court to ascertain by reference the amount of such claim if allowed; and also, with liberty to modify the verdict, and to give judgment for the defendant, if entitled thereto, by reason of the set-off. The following are the material facts as established by the evidence on the trial:— The defendant in December, 1851, delivered to the plaintiffs a lot of goods of the value…
1Opinion of the CourtBy the Court. Hoffman, J.
Theplaintiffs were manufacturers of cloths. It was part of their business to receive cloths from others, make them up into wearing apparel, supply the trimmings, and transmit them to the owners. They had received goods of the defendant for this purpose to a large amount. The right of property was undoubtedly in the defendant as owner, subject to a lien for the labor and expenditure of the plaintiffs. The answer and reply sufficiently show the ownership. By the policies taken out, the plaintiffs insure their stock of ready-made clothing, and other hazardous merchandise contained in the…
2Cases cited2 opinions
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Dunn v. WintersTennessee Supreme Court · 1841
3Cited by1 opinion
- Savage v. Corn Exchange Fire & Inland Navigation InsuranceThe Superior Court of New York City · 1858