Gilbert v. Sage
New York Supreme Court
This action was brought to recover a store account. Two actions were consolidated, by order of the court. The suits were commenced in June and July, 1869, and answers served the same month. In September, 1869, the actions were referred to a referee, to try and decide.
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This action was brought to recover a store account. Two actions were consolidated, by order of the court. The suits were commenced in June and July, 1869, and answers served the same month. In September, 1869, the actions were referred to a referee, to try and decide. The referee, on the 27th of June, 1870, made his report, and judgment was entered June 30, 1870, for $1,848.58. The plaintiffs claimed that the defendants agreed with them ;o furnish goods to one O’Brien on the defendants’account; the account at the end of each month to be made out in items and certified by O’Brien, or an order…
1Opinion of the Court
By the Court
Miller, P. J.
It is objected that the referee erred in his finding that an agreement was made between the plaintiff and defendant Sage on behalf of all the defendants, by which they agreed to pay for provisions and tools furnished to a sub-contractor on the railroad, under the defendants, and which were charged to die defendants as *289delivered. The real contest in the case was, whether such an agreement was made. One of the plaintiffs swears that there was such an agreement with Sage, which is denied. The books of the plaintiff show that such was the plaintiffs’ understanding of it,…
2Cases cited4 opinions
- Lyon v. BertramSupreme Court of the United States · 1858
- Guy v. . MeadNew York Court of Appeals · 1860
- Beman v. TugnotThe Superior Court of New York City · 1851
- Stroud v. TiltonNew York Court of Appeals · 1866
3Cited by3 opinions
- Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
- Ellis v. SharpNew York Supreme Court · 1886
- La Posta v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1969