Bowe v. Ellis
New York Court of Common Pleas
Appeal from fifth district court. Action by Thomas Bowe against Cornelius C. Ellis for the price of a chattel sold defendant. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
Assuming the defense that the contract of sale was within the statute of frauds, and void, because not in writing, to have been available, under the pleadings, we are nevertheless of the opinion that the judgment appealed from is unassailable, since the evidence adequately supports a finding that defendant accepted and received the chattels which he agreed to purchase, whereby the contract under present consideration was removed beyond the operation of the statute. 3 Rev. St. (Banks & Bros. 7th Ed.) pt. 2, p. 2328, c. 7, tit. 2, § 3,. subd. 2. Having determined the question of the credibility…
2Cases cited6 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Bailey v. OgdenNew York Supreme Court · 1808
- Marsh v. . RouseNew York Court of Appeals · 1871
- Atwell v. MillerCourt of Appeals of Maryland · 1854
- Gray v. . DavisNew York Court of Appeals · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beedy v. Brayman Wooden Ware Co.Supreme Judicial Court of Maine · 1911
- In re CrossDistrict Court, N.D. New York · 1917
- Flanigan v. WatermanNew York Supreme Court · 1922