Kinston Cotton Mills v. Kuhne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Percival Kuhne and others, 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 16th day of January, 1908, upon the verdict of a jury ; also from an order entered in said clerk’s office on the 15tli day of January, 1908, which order was resettled and re-entered on the 31st day of January, 1908, denying the said defendants’ motion for a new trial made upoii the minutes,…
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Appeal by the defendants, Percival Kuhne and others, 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 16th day of January, 1908, upon the verdict of a jury ; also from an order entered in said clerk’s office on the 15tli day of January, 1908, which order was resettled and re-entered on the 31st day of January, 1908, denying the said defendants’ motion for a new trial made upoii the minutes, and also from an order entered in said clerk’s office on the 31st day of January, 1908, granting the plaintiff an extra…
1Opinion of the Court
Scott, J.:
The defendants appeal from a judgment entered upon a verdict. The action is, or was before the amendment of the complaint hereinafter referred to, one for money had and received, and arose upon the following state of facts: The plaintiff is a foreign corporation engaged in the manufacture of cotton yarns. The defendants are bankers in the city of Mew York. The English-Greene Company was a corporation engaged in the business of buying and selling cotton yarns either as commission merchants for the manufacturers or as middlemen buying from the manufacturers and 'selling to consumers.…
2Cases cited2 opinions
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- New York Security & Trust Co. v. LipmanNew York Court of Appeals · 1899
3Cited by5 opinions
- Freudenheim v. . G&220tterNew York Court of Appeals · 1911
- Thompson v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 1916
- Jewell Electrical Instrument Co. v. National City BankAppellate Division of the Supreme Court of the State of New York · 1927
- Kinston Cotton Mills v. KuhneAppellate Division of the Supreme Court of the State of New York · 1912
- L. W. Sweet & Co. v. Provident Loan SocietyAppellate Division of the Supreme Court of the State of New York · 1938