Arnot v. . Pittston and Elmira Coal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of the referee. (Reported below, 2 Hun, 591.) This action was brought by plaintiff as assignee of the claim of the Butler Colliery Company, for 2,700 tons of coal, alleged in the complaint to have been sold by said company to defendant at an agreed price, and for moneys advanced, less $411.07 commissions.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of the referee. (Reported below, 2 Hun, 591.) This action was brought by plaintiff as assignee of the claim of the Butler Colliery Company, for 2,700 tons of coal, alleged in the complaint to have been sold by said company to defendant at an agreed price, and for moneys advanced, less $411.07 commissions. The referee found, in substance, the following facts: Said company and defendant were corporations, engaged in the business of…
1Opinion of the CourtRapallo, J.
This action is brought to recover the price of about 2,700 tons of coal, sold and delivered to the defendant by the Butler Colliery Company in the month of August, 1869. The plaintiff claims under an assignment from the last-named company.
The findings of the referee establish that this coal was delivered pursuant to a contract between the two companies, dated August 3, 1869, and the defence mainly rests upon the alleged illegality of that contract. The referee has found that the circumstances under which the contract was made were as follows:
The Butler Colliery Company was a Pennsylvania…
2Cases cited5 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- People v. FisherNew York Supreme Court · 1835
- The Saratoga County Bank v. . KingNew York Court of Appeals · 1870
- Knowlton v. . Congress Empire Spring Co.New York Court of Appeals · 1874
- Peck v. . BurrNew York Court of Appeals · 1851
3Cited by74 opinions
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- Matter of DaviesNew York Court of Appeals · 1901
- Queen Insurance v. StateTexas Supreme Court · 1893
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