Cross v. . O'Donnell
New York Court of Appeals
Appeal from an order of the General Term of the New York Court of Common Pleas, affirming a judgment entered upon a verdict in favor of the plaintiffs. This action was brought to recover the price of certain hoops, which the plaintiffs claim to have sold to the , defendants, at Baltimore in 1863. The plaintiffs were a firm doing business in Baltimore, and the defendants were a firm doing business in New York.
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Appeal from an order of the General Term of the New York Court of Common Pleas, affirming a judgment entered upon a verdict in favor of the plaintiffs. This action was brought to recover the price of certain hoops, which the plaintiffs claim to have sold to the , defendants, at Baltimore in 1863. The plaintiffs were a firm doing business in Baltimore, and the defendants were a firm doing business in New York. In the fall of 1863, one of the defendants came to plaintiffs’ yard in Baltimore, where the plaintiffs had 24,000 barrel hoops, and looked at them and entered into negotiation with…
1Opinion of the Court
Earl, C.
On the trial, after proving that the statute of frauds in force in Maryland was substantially like our own, the defendants moved that the plaintiff be nonsuited, on the ground that the contract of sale was void by that statute, and the court denied the motion; and this ruling raises the only question for our consideration in this case.
There was no note or memorandum of the contract, and no part of the purchase-money was paid by the buyers; and, hence, unless the buyers accepted and received the hoops, within the meaning of the statute, the contract <vas void. A purchaser may accept…
2Cases cited6 opinions
- McKnight v. . DunlopNew York Court of Appeals · 1851
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- Rodgers v. . PhillipsNew York Court of Appeals · 1869
- Outwater v. DodgeNew York Supreme Court · 1831
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Adoue & Lobit v. H. Seeligson & Co.Texas Supreme Court · 1881
- Bailey v. . Hudson River R.R. Co.New York Court of Appeals · 1872
- Allard v. . GreasertNew York Court of Appeals · 1874
- Rosenthal v. . WeirNew York Court of Appeals · 1902
24 more not listed; retrieve them via the Exa API.