Lighthouse v. Third National Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 19, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 19, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. On or about June 23, 1893, the Morrison Run Lumber Company, a copartnership, entered into a contract with the plaintiff by which the former agreed to deliver to the latter one thousand cords of good, merchantable bark on board W. N. Y. & P. R. R. cars at Rochester, at the rate of five cars per week, commencing not later than July 15, 1893, for which the…
1Opinion of the CourtWerner, J.
The learned trial court found the facts substantially as above stated. Upon these facts it based the legal conclusion, “ that the transfer to the defendant banks, by the said John 0. French and Adelpha C. Briggs, of the said bark upon the said Boody lands, peeled by said Duncan McBea under his contract with the United Lumber Company, was subject to whatever right the plaintiff acquired therein by the advance payment made by him upon the agreement to purchase 1,000 cords of bark of the Morrison Bun Lumber Company, and the payment to Duncan McBea of $1,825 of the proceeds of the discount of the…
2Cases cited9 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Johnson v. . BrooksNew York Court of Appeals · 1883
- Matter of Petition of Argus Co.New York Court of Appeals · 1893
- Murphy v. . BriggsNew York Court of Appeals · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Elmore v. SymondsMassachusetts Supreme Judicial Court · 1903
- Butler v. . WrightNew York Court of Appeals · 1906
- American Can Co. v. Erie Preserving Co.U.S. Circuit Court for the District of Western New York · 1909
- Butler v. WrightAppellate Division of the Supreme Court of the State of New York · 1905
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