Groat v. . Gile
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial district, setting aside a verdict in favor of plaintiffs and granting a new trial. The action was brought to recover the value of a quantity of wool which the defendant had shorn from sheep, to which the plaintiffs claimed title. The defendant in Hay, 1864, owned a lot of sheep and lambs, which the plaintiffs wished to buy. The exact number was not known.
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Appeal from order of the General Term of the Supreme Court in the third judicial district, setting aside a verdict in favor of plaintiffs and granting a new trial. The action was brought to recover the value of a quantity of wool which the defendant had shorn from sheep, to which the plaintiffs claimed title. The defendant in Hay, 1864, owned a lot of sheep and lambs, which the plaintiffs wished to buy. The exact number was not known. They were at the time in two different fields. The plaintiffs went to examine them, and after such examination and some negotiation with the defendant they…
1Opinion of the Court
Lott, Ch. C.
As the verdict at the Circuit in favor of the plaintiffs was ordered by the judge who tried the action on the version given by the defendant of the contract or agreement between the parties, it becomes necessary to refer to it with particularity for the purpose of ascertaining whether his conclusion of law based thereon was correct.
The defendant, on his direct examination, after stating that the plaintiffs called on him about the 20th of May, 1864, and that he and the plaintiff Groat had some conversation about the purchase of his sheep and lambs, in which he said that he wanted…
2Cases cited4 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Terry v. . WheelerNew York Court of Appeals · 1862
- Romaine v. . Van AllenNew York Court of Appeals · 1863
3Cited by19 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Byles v. ColierMichigan Supreme Court · 1884
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Post v. BirdSupreme Court of Florida · 1891
- Theo. Ollesheimer & Bro. v. FoleyCourt of Appeals of Texas · 1906
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