Baken v. Harder
New York Supreme Court
APPEAL by plaintiff from a judgment in favor of defendant, entered upon the report of a referee. The action was brought by William P. Baken, as surviving partner of the firm of Gillen & Baken, against Eunice 0. Harder, to recover for goods sold and delivered. Sufficient facts appear in the opinion of Mr. Justice Danfobth herewith given. The action was tried before a referee, who found in favor of plaintiff.
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APPEAL by plaintiff from a judgment in favor of defendant, entered upon the report of a referee. The action was brought by William P. Baken, as surviving partner of the firm of Gillen & Baken, against Eunice 0. Harder, to recover for goods sold and delivered. Sufficient facts appear in the opinion of Mr. Justice Danfobth herewith given. The action was tried before a referee, who found in favor of plaintiff. Defendant appealed, and the judgment was reversed and a new trial ordered at a general term held in March, 1873, by Milleb, P. J., and Danfobth and Daniels, JJ. The following opinion was…
1Opinion of the CourtDanforth, J.
The complaint is for goods sold and delivered. Answer, a general denial; set-off; and upon the trial was amended by stipulation so as to embrace the defense of coverture. The plaintiff and one Gillen were copartners in business at Rossie on and • prior to August 23, 1865, and so continued until April 1, 1871, in which day Gillen died. The goods for which this action is brought were purchased between the dates of August 33, 1865, and March 13, 1867, and were sold upon written orders of the defendant, corresponding to those put in evidence in this case.
The defendant was, at the times of the…
2Cases cited7 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- Maxon v. . ScottNew York Court of Appeals · 1873
- White v. StoryNew York Supreme Court · 1864
- Smith v. AllenNew York Supreme Court · 1869
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