Westcott v. . Thompson
New York Court of Appeals
Appeal from the Supreme Court. Action for an alleged unlawful detention of beer barrels. The appeal was brought on for argument at a former term of this court, when it was ordered by the court that the appeal be dismissed, unless the appellant procure the return to be amended in respect to the finding of facts by the referee.
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Appeal from the Supreme Court. Action for an alleged unlawful detention of beer barrels. The appeal was brought on for argument at a former term of this court, when it was ordered by the court that the appeal be dismissed, unless the appellant procure the return to be amended in respect to the finding of facts by the referee. A report of the case, stating briefly the object of the action and the proceedings therein, both in the Supreme Court and in this court, may be found in 16 N. Y. R., 613. The appellant procured, under an order of the Supreme Court, a further report from the referee,…
1Opinion of the CourtStrong, J.
The referee before whom this action was tried found, as matter of fact, that on the sale of the ale by the plaintiff to Ham it was agreed between them that Ham might retain the barrels until the ale was drawn and then the barrels should be returned to the plaintiff; but if any was not returned Ham should pay two dollars each for them The only question in the case upon the merits is, whether, under the agreement,- Ham was authorized to sell the barrels. The counsel for the respondents claim, as the substance of the agreement, that the barrels were to be returned within a reasonable time after…
2Cited by12 opinions
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- Richards v. WarringNew York Supreme Court · 1863
- Simmons v. LawNew York Court of Appeals · 1866
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