Beck v. . Sheldon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the second judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial without a jury. This was an action to recover the balance due upon a sale of iron.
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Appeal from judgment of the General Term of the Supreme Court of the second judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial without a jury. This was an action to recover the balance due upon a sale of iron. On the 6th of February, 1864, the plaintiff contracted to sell and deliver to the defendants “ 800 gross tons Poughkeepsie foundry pig iron, at forty-five dollars per ton for Ho. 1, and forty-four dollars per ton for Ho. 2; cash on delivery at wharf at Poughkeepsie.” Plaintiff was the manufacturer of iron known in the market…
1Opinion of the Court
The questions made by the appellants are principally questions of fact. Ordinarily, these are not the subject of inquiry in this court, where the judgment has been affirmed at the General Term. The appellants' request to the judge to find certain facts was refused. These facts, they insist, were established by uncontradicted evidence. To the refusal so to find they excepted, and they insist before this court that such refusal constitutes a ground of error. It is provided by section 268 of the Code, that where there is a trial before a judge without a jury, either party may except to a…
2Cases cited1 opinion
- Mason v. . LordNew York Court of Appeals · 1869
3Cited by20 opinions
- De Witt v. BerrySupreme Court of the United States · 1890
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Mason v. . SmithNew York Court of Appeals · 1892
- Geo. A. Moore & Co. v. MathieuCourt of Appeals for the Ninth Circuit · 1926
- McNeil & Higgins Co. v. Czarnikow-Rienda Co.District Court, S.D. New York · 1921
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