Dolbeer v. . Stout
New York Court of Appeals
Appeal from order of tlie General Term of tlie Superior Court of the city of New York, made May 2, 1892, which affirmed an order of Special Term granting a stay of proceedings. This action was brought October 1, 1891, to recover $4,811.46, with interest, claimed to be due from defendant for the storage of a quantity of poultry by F. 0. Linde & Go., the plaintiffs assignors.
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Appeal from order of tlie General Term of tlie Superior Court of the city of New York, made May 2, 1892, which affirmed an order of Special Term granting a stay of proceedings. This action was brought October 1, 1891, to recover $4,811.46, with interest, claimed to be due from defendant for the storage of a quantity of poultry by F. 0. Linde & Go., the plaintiffs assignors. The defendant, by an amended answer, alleged that Linde & Go. entered into a contract with him to properly store the poultry, and that they failed to do so, to defendant’s loss of $19,546.09. As a second defense, he set up…
1Opinion of the Court
Andrews, Ch. J.
The plaintiff was not a party to the action brought by the defendant Stout against F. C. Linde & Co. for damages for the breach by Linde & Co. of the contract of storage. This action, though growing out of the same contract, is for a different cause. The plaintiff is the assignee of Linde & Co., and as such claims to recover storage charges under the contract. A recovery by Stout in the action against Linde & Co. would not conclude the plaintiff in this action, nor would it be evidence against him of a breach of the contract by Linde & Co. The defendant in this action may…
2Cases cited2 opinions
- Travis v. . MyersNew York Court of Appeals · 1876
- De Groot v. JayNew York Supreme Court · 1859
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- Rosenberg v. SlotchinAppellate Division of the Supreme Court of the State of New York · 1917
- Brendle v. SmithDistrict Court, S.D. New York · 1942
- Levy v. Pacific Eastern Corp.New York Supreme Court · 1935
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