Turnbull v. Martin
New York Court of Common Pleas
Appeal by the defendant from a judgment rendered at special term on an award of arbitrators. The action was brought to recover the price of a quantity of blue blouse flannel, amounting to $97,684.97, sold and delivered to the defendant by the plaintiff on a credit of four months.
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Appeal by the defendant from a judgment rendered at special term on an award of arbitrators. The action was brought to recover the price of a quantity of blue blouse flannel, amounting to $97,684.97, sold and delivered to the defendant by the plaintiff on a credit of four months. The defendant in his answer admitted the contract, but claimed that some of the goods were “ imperfect and inferior,” and alleged that he had been damaged thereby to the amount of $26,000, and that he had offered to return the imperfect goods as soon as the defects were discovered, and that he had paid freights and…
1Opinion of the Court
By the Court.—Barrett, J.
This case comes before us upon an appeal from a judgment entered on the award of arbitrators. The arbitration bonds were executed after the joining of issue between the parties in an action brought in this court. The dispute was in respect to a quantity of flannels, and the bonds provided for the submission of all the matters arising under the pleadings to two dry-goods merchants, one chosen by each of the parties, with the additional proviso, that the umpire, in case of disagreement, should also be chosen from among the dry-goods commission merchants. The arbitrators…
2Cases cited4 opinions
- Smith v. CutlerNew York Supreme Court · 1833
- Cranston v. Executors of KennyNew York Supreme Court · 1812
- Knowlton v. MicklesNew York Supreme Court · 1859
- Ketcham v. WoodruffNew York Supreme Court · 1857
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