Carrington v. . Ward
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 10 J. & S., 571.) This action was brought to recover the amount of an alleged lien upon seventy-five barrels of oil, part of 1,169 barrels sold by one Compton to defendants, which off was then held in storage by plaintiffs, subject to a hen as claimed of fifteen dollars per barrel for advances.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 10 J. & S., 571.) This action was brought to recover the amount of an alleged lien upon seventy-five barrels of oil, part of 1,169 barrels sold by one Compton to defendants, which off was then held in storage by plaintiffs, subject to a hen as claimed of fifteen dollars per barrel for advances. Compton gave an order directed to plaintiffs requiring them to deliver the oil to defendants, collecting thereon fifteen dollars…
1Opinion of the CourtFolger, J.
It is conceded by defendants that there was sufficient evidence to justify a finding of a referee, or a verdict of a jury, in favor of the plaintiffs. It is contended by them, however, that the testimony to that end was not undisputed, and that there was such conflict in it, as that they were entitled to go to the jury, according to the requests made by them. It is, therefore, to be inquired, whether there was such undisputed or undisputable evidence as would have called upon the court to have set aside a verdict as against evidence, had a jury found in favor of the defendants.
It is not…
2Cases cited1 opinion
- Cutler v. CarpenterNew York Supreme Court · 1823
3Cited by7 opinions
- Solomon Railroad v. JonesSupreme Court of Kansas · 1885
- Atlas Securities Co. v. GroveIndiana Court of Appeals · 1922
- Denison v. ShulerMichigan Supreme Court · 1882
- Turner v. Commercial Savings BankCourt of Appeals of Georgia · 1916
- Donnell, Lawson & Simpson v. WyckoffSupreme Court of New Jersey · 1886
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