Alfred Shrimpton & Sons Ltd. v. Eschwege
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simon Eschwege, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of March, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York.
1Dissent
O’Brien, J. (dissenting):
This action was brought to recover the agreed price of one “ great gross papers of pins ” alleged to have been sold and delivered to the defendant. The evidence shows that the defendant signed an order for the pins, which was on a printed form, and that all of it, with the exception of the name of the agent and the date and the word “ one ” '—before the words “ great gross ”—• and the advertisement of the defendant, was in print. The president of the company, on receiving an order from the agent, wrote to the defendant stating its receipt, sending him a copy of the…
2Cases cited5 opinions
- Lawrence v. . American National BankNew York Court of Appeals · 1873
- Lawrence v. . BrownNew York Court of Appeals · 1851
- Royce v. . WatrousNew York Court of Appeals · 1878
- Alfred Shrimpton & Sons, Ltd. v. NetzorgMichigan Supreme Court · 1895
- Shrimpton & Sons v. RosenbaumMichigan Supreme Court · 1895