Henry Pels & Co. v. Oltarsh
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Henry Pels & Co. against the David M. Oltarsh Iron Works of New York. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtGuy, J.
Defendant appeals from a judgment entered upon the verdict of a jury in favor of plaintiff awarding the plaintiff possession of *372a patent shear machine, together with costs, and decreeing that, in case the possession of the machine could not be had, plaintiff recover the value thereof, together with costs. The evidence establishes that in July, 1907, plaintiff shipped to the David M. Oltarsh Iron Works, a New Jersey corporation, the machine in question, which was sold to said Iron Works upon the following terms, contained in a written order (Plaintiff’s Exhibit 1) :
“Payment: To be made in New…
2Cases cited6 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Milbank v. . JonesNew York Court of Appeals · 1894
- Kirk v. CrystalAppellate Division of the Supreme Court of the State of New York · 1907
- Cooper v. PayneAppellate Division of the Supreme Court of the State of New York · 1906
- Avery v. ChapmanNew York Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Stewart & Holmes Drug Co. v. ReedWashington Supreme Court · 1913
- Utah Implement Vehicle Co. v. KeslerIdaho Supreme Court · 1922