Mikles v. Hawkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Mikles, from a judgment of the . Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 5th day of January, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term, and also from an order entered in said clerk’s office denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This is an appeal from a judgment entered upon the dismissal of the complaint at Trial Term at plaintiff’s close. For a first cause of action the plaintiff complains that he delivered a quantity of milk *254to one McCarthy under an agreement that McCarthy would ship and would sell the milk with that of his own dairy to customers and would pay to the plaintiff out of each check received in payment his proportionate share, less commissions, but that McCarthy handed all the checks to the defendant, who collected and retained the proceeds, although at the time defendant knew or ought to…
2Cases cited5 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Newhall v. . WyattNew York Court of Appeals · 1893
- Lamb v. HirschbergNew York Court of Common Pleas · 1892
- Heidenheimer v. BoydAppellate Division of the Supreme Court of the State of New York · 1897
- Seeber v. People's Building Loan & Saving Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Mikles v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1901