Legal Opinion

Fisher v. Meeker

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1907PublishedCited by 4 opinions

Appeal' by the defendant, Allen 0. Meeker, from a judgment of the County Court of St. Lawrence county, entered in the office of the clerk of said county on the 2d day of May, 1906, upon an order: of said County Court entered on the 2d day of May, 1906, affirming a judgment of the Justice’s Court of the town of Waddington in favor of the plaintiff, and also from the said order upon which the judgment appealed from was entered.

1Opinion of the Court

Sewell, J.:

The plaintiff purchased a cultivator of the defendant, who was selling carriages and farm implements for one Horton. The price of the cultivator was thirty dollars, of which ten dollars was paid at the time of purchase. The plaintiff claims that he subsequently paid the balance to the defendant and then said to him: “ Have come to pay balance on cultivator; ” that he gave him twenty dollars and told him to apply same on balance for cultivator bought of Horton, and that Meeker said he was going to the office and would give him credit on his books.

Sometime thereafter Horton notified…

2Cases cited3 opinions

  1. Colvin v. . HolbrookNew York Court of Appeals · 1848
  2. Cooper v. TimAppellate Terms of the Supreme Court of New York · 1896
  3. Smith v. PresidentNew York Supreme Court · 1856

3Cited by4 opinions

  1. Walter v. Four Wheel Drive Auto Co.Wisconsin Supreme Court · 1934
  2. Beeman v. MayCity of New York Municipal Court · 1948
  3. Dobell v. KochOhio Court of Appeals · 1921
  4. Prioletti v. BowmanCity of New York Municipal Court · 1948

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