Helios-Upton Co. v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Orlando F. Thomas and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st day of October, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of November, 1903, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The plaintiff was a corporation engaged in the manufacture and sale of storage batteries. Its plant was in the city of Chicago. In the latter part of February, 1901, the General Carriage Company, a corporation engaged in the business of letting electric automobiles for hire in the city of New York, negotiated the purchase of five Ho. 3 storage batteries of the plaintiff, the purchase price of each being $498. The appellant Orlando F. Thomas, the treasurer of the General Carriage Company, conducted these negotiations in its behalf. He and the appellant Post were then copartners as…
2Cases cited3 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Ward v. HasbrouckAppellate Division of the Supreme Court of the State of New York · 1899
- Oppenheim v. WaterburyNew York Supreme Court · 1895