Legal Opinion

Jermyn v. Hunter

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1904PublishedCited by 9 opinions

Appeal by the defendant, William C. Hunter, 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 23d day of December, 1903, upon the verdict of a jury, and also from an .order entered in said clerk’s office on the 6th day of January, 1904, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hatch, J.:

This action was brought to recover possession of a steam boiler, fifty-four inches in diameter by twelve feet in length; one hot water boiler, three feet in diameter by ten feet in length, and one Oswego hot water heater. It was shown upon the trial that the plaintiff sold the articles in question to the firm of Coons & Wilson, who had a contract with the owner for putting in the heating apparatus in a building, then under process of construction, located on the north side of One Hundred and Twenty-fourth street, just east of Broadway, in the city of New York. The contract of sale…

2Cases cited3 opinions

  1. Ford v. . CobbNew York Court of Appeals · 1859
  2. Potter v. . CromwellNew York Court of Appeals · 1869
  3. Andrews v. PowersAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by9 opinions

  1. Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
  2. Mechanics & Traders' Bank v. Bergen Heights Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1910
  3. Frick v. Frigidaire Corp.California Court of Appeal · 1932
  4. Ver Plank v. Bouwens, New York County Courts1957
  5. Fitzgibbons Boiler Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916

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