Chapin v. Potter
New York Court of Common Pleas
Appeal by plaintiff from a judgment dismissing tbe complaint. This was an action to recover the value of a lot of cari# dies, alleged to belong to the plaintiff and to be unjustly detained from Mm by the defendant. The cause was tried before Judge Brady and a j ary, and the complaint dismissed. The facts are fully stated in the opinion of Judge Daly.
1Opinion of the Court
Daly, J. —
This is an action to recover the value of twenty-three boxes of candles, alleged to be wrongfully detained from the plaintiff by the defendants, in which the plaintiff was non-suited upon tbe following state of facts:
The clerk of the plaintiff called upon one Russell to solicit an order for soap and candles. Russell agreed to take twenty-five boxes of soap and fifty boxes of candles, upon condition that the plaintiff would take in exchange all the damaged candles which Russell then had in his store. The clerk consulted tbe plaintiff, and he accepted the proposition; and, a day or…
2Cases cited3 opinions
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Bradford v. MarburySupreme Court of Alabama · 1847
- Barrett v. GoddardU.S. Circuit Court for the District of Massachusetts · 1822
3Cited by2 opinions
- R. & L. Co. v. MetzAppellate Division of the Supreme Court of the State of New York · 1916
- Coykendall v. EatonNew York Supreme Court · 1871