Franklin Coal Co. v. Hicks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Hicks, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the ”19th day of September,. 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office as of the 19th day of April, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The plaintiff is a corporation dealing in coal, with its principal place of business in Buffalo. In 1896, and prior thereto, the. husband of. the defendant was , a retail coal dealer in Hornellsville,, in this State. This action is.brought to recover for several oarloads of -coal, which the plaintiff claims were sold directly to the defendant. It seems that the plaintiff had sold a .small quantity of coal to the husband of defendant, and. in the early winter of 1895-1896, Mr; Meagley, the agent of plaintiff, went to Hornellsville with ■ a view of makitig sales. He testified that he…
2Cases cited8 opinions
- Matthews v. . MatthewsNew York Court of Appeals · 1897
- Morss v. SherrillNew York Supreme Court · 1871
- Foster v. . PerschNew York Court of Appeals · 1877
- Honsinger v. MulfordNew York Supreme Court · 1895
- Dearing v. DashAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by4 opinions
- Rapant v. OgsburyAppellate Division of the Supreme Court of the State of New York · 1952
- In re the Estate of AuditoreNew York Surrogate's Court · 1930
- Mollineaux v. ClappAppellate Division of the Supreme Court of the State of New York · 1904
- Tatum v. TatumNew York Supreme Court · 1915