J. L. Shultz & Co. v. De Nood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. L. Shultz & Co., Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 23d day of November, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of November, 1918, denying plaintiff’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
De Angelis, J.:
The action is in replevin. The primary question involved in the litigation arose over the title to some hay.
The defendant occupied a farm about a mile from the village of Marcellus, in the county of Onondaga, where he had his crop of hay in two barns and two stacks. On the 27th day of September, 1917, a verbal contract was concluded between the plaintiff and defendant by the terms of which the plaintiff was to buy and the defendant to sell the hay for $12.50 or $13 per ton; the plaintiff within a reasonable time was to bring a pressing machine to the farm with three operators…
2Cases cited4 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Russell v. . CarringtonNew York Court of Appeals · 1870
- Westmoreland Coal Co. v. Syracuse Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Conroy v. BarrettAppellate Terms of the Supreme Court of New York · 1916
3Cited by4 opinions
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Shipler v. New Castle Paper Products Corp.Supreme Court of Pennsylvania · 1928
- Kahn v. RosenstielDistrict Court, S.D. New York · 1924
- Wickham v. LevineNew York Supreme Court · 1965