White v. . Schweitzer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 7, 1914, affirming a judgment in favor of defendants entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in charging the jury that as a matter of law there was no evidence upon which it could find that the defendants accepted the turkeys.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 7, 1914, affirming a judgment in favor of defendants entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in charging the jury that as a matter of law there was no evidence upon which it could find that the defendants accepted the turkeys. (Norton v. Dreyfuss, 106 N. Y. 90; Isbell-Porter Co. v. Heineman, 126 App. Div. 713; Williston on Sales, § 483; Brown v. Foster, Í08 N. Y. 387; Levison v. Seybold…
1Opinion of the CourtMcLaughlin, J.
The action was brought to recover the purchase price of a carload of turkeys shipped by plaintiff’s assignor, the Keystone Commercial Company, from Maysville, Ky., to the defendants in New York city. They were shipped on November 17th and arrived November 23, 1908. There was a dispute between the parties as to the terms of sale, that is, whether the turkeys were to be “ dry picked ” or “ scalded.” Those shipped were scalded and the verdict has settled the disputed question in favor of the defendants. When the car arrived in which the shipment was made the turkeys were examined by defendants…
2Cases cited11 opinions
- Brown v. . FosterNew York Court of Appeals · 1888
- Norton v. . DreyfussNew York Court of Appeals · 1887
- Mason v. . SmithNew York Court of Appeals · 1892
- Georgia Refining Co. v. Augusta Oil Co.Supreme Court of Georgia · 1885
- Hensen v. BeebeSupreme Court of Iowa · 1900
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- KSW Mechanical Services v. Johnson Controls, Inc.District Court, E.D. New York · 2014
- Fil-Coil Co. v. International Power Systems Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Baker v. J. C. Watson Co.Idaho Supreme Court · 1943
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