Wilson v. F. C. Linde Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, J. Victor Wilson and Charles D. Wilson, composing the firm of Wilson Bros., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of December, 1898, upon the verdict of a jury, rendered by direction of the court, dismissing their complaint and awarding judgment in favor of the defendant upon its counterclaim, and also from an order entered in said clerk’s office on…
Read the full summary
Appeal by the plaintiffs, J. Victor Wilson and Charles D. Wilson, composing the firm of Wilson Bros., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of December, 1898, upon the verdict of a jury, rendered by direction of the court, dismissing their complaint and awarding judgment in favor of the defendant upon its counterclaim, and also from an order entered in said clerk’s office on the 21st day of December, 1898, denying their motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The purpose of the action was to recover damages claimed to have been sustained by reason of the negligence of the defendant in failing to properly keep in cold storage 1,0.65 barrels of apples. The counterclaim averred in the answer by .the defendant sought to recover the cost of the storage of the apples. Upon the trial, at the close of the proof, the court directed judgment dismissing the complaint, and upon the defendant’s motion directed judgment in its favor upon its counterclaim. We do not think this ■ judgment can be sustained. The evidence given upon the trial presented…
2Cases cited1 opinion
- Ferguson v. . HubbellNew York Court of Appeals · 1884
3Cited by1 opinion
- Herzig v. New York Cold Storage Co.Appellate Division of the Supreme Court of the State of New York · 1906