Briggs v. Ottmann
New York Court of Common Pleas
Appeal from city court, general term. Action by Henry 0. Briggs against Jacob Ottmann, for the value of two “flying bridges” sold by defendant to plaintiff, and converted by defendant before their removal. The action was brought in the city court, and a judgment was rendered for defendant at trial term, which was affirmed by the general term. Plaintiff again appeals.
1Opinion of the CourtVan Hoesen, J.
The plaintiff bought from the defendant a smoke-stack and two flying bridges for $25, and was to remove them from the premises that the defendant occupied, but which he was compelled to surrender to his landlord. After agreeing to make the sale to the plaintiff, the defendant disposed of the smoke-stack to a Mr. Fagan. This breach of contract entitled! the plaintiff to damages, and an adjustment was effected by the plaintiff’s agreeing to accept the sum of $10 and the two bridges. As I understand the evidence, the plaintiff had an absolute right to the two bridges. These transactions took…
2Cases cited1 opinion
- Frost v. ClarksonNew York Supreme Court · 1827
3Cited by1 opinion
- Smith v. CornNew York Court of Common Pleas · 1893