Lee v. Adsit
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a judgment entered in favor of the defendants, upon the report of a referee, had been reversed, and a new trial awarded ; the defendants stipulating for judgment absolute, in case of affirmance.
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Appeal from the general term of the Supreme Court, in the third district, where a judgment entered in favor of the defendants, upon the report of a referee, had been reversed, and a new trial awarded ; the defendants stipulating for judgment absolute, in case of affirmance. This was an action by John T. Lee and George C. Hall, commission-merchants, against Arunah M. Adsit and Enoch H. Rosekrans, to recover a balance of account for charges and advances, over and above the proceeds of the goods consigned to them for sale. The complaint alleged, that in 1856, the plaintiffs received lumber, for…
1Opinion of the CourtFullerton, J.
Lee & Hall, the plaintiffs, were lumber commission-merchants, and, for several years prior to 2d August 1856, were in the habit of receiving from Adsit & Co., the defendants, consignments of lumber for sale. On that day, lumber of the defendants to the value of about $5000, remaining unsold in the plaintiffs’ yard, was destroyed by an accidental fire. This action was brought to recover a balance of account for charges and advances over and above the proceeds of the lumber sold. The plaintiffs’ demand is not questioned; and the whole controversy grows out of the defendants’ claim on account of…
2Cases cited8 opinions
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Pacific Insurance v. CatlettCourt for the Trial of Impeachments and Correction of Errors · 1829
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3Cited by1 opinion
- Marine Midland Bank v. John E. Russo Produce Co.Appellate Division of the Supreme Court of the State of New York · 1978