Clark v. Lude
New York Supreme Court
Appeal from Albany county court. Action by Eugene S. Clark against Charles W. Lude. From an order granting defendant’s motion for a new trial, and from an order overruling a motion to amend the verdict, plaintiff appeals.
1Opinion of the CourtHerrick, J.
This action was brought to recover $308.90, the purchase price of some tobacco alleged to have been sold by plaintiff to defendant. The evidence is not before us, but apparently there was no question as to the amount of the claim, but as to whether there was a legal contract of sale between plaintiff and defendant. The court in its charge to the jury said: “The price agreed upon was $368.90, which amount the plaintiff asks now to recover, with interest added to it from the 1st of January. If that contract was a legal contract, plaintiff is entitled to recover the full amount, principal and…
2Cases cited7 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Hatch v. . AttrillNew York Court of Appeals · 1890
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3Cited by9 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
- Collins v. CarterMississippi Supreme Court · 1929
- Peetsch v. QuinnNew York Court of Common Pleas · 1894
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
4 more not listed; retrieve them via the Exa API.