Legal Opinion

Fish v. . Benedict

New York Court of Appeals

Decided October 1, 1878PublishedCited by 9 opinions

This was an action to recover possession of certain wagons which had been taken by defendant, as sheriff of the county of Oneida, from the firm of J. B. & M. H. Norton by virtue of an execution against the members of that firm.

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This was an action to recover possession of certain wagons which had been taken by defendant, as sheriff of the county of Oneida, from the firm of J. B. & M. H. Norton by virtue of an execution against the members of that firm. The wagons had been shipped by the plaintiffs, who comprised the firm of Fish Brothers & Co., from Racine, Wisconsin, to the Nortons, at Utica, upon receipt of a written instrument signed by them and prepared by plaintiffs’ agent, the material portions of which instrument are as follows: “ Utica, N. Y., Oct. 5, 1875. FISH BROTHERS & CO.. RACINE, WIS. You will please…

1Opinion of the Court

Folger, J., reads for affirmance.

All concur, except Milleb and Earl, JJ., absent. Judgment affirmed.

2Cited by9 opinions

  1. Chickering v. BastressIllinois Supreme Court · 1889
  2. Mack v. Drummond Tobacco Co.Nebraska Supreme Court · 1896
  3. Bastress v. ChickeringAppellate Court of Illinois · 1886
  4. Bernadette, Joseph & Co. v. Van BurenAppellate Division of the Supreme Court of the State of New York · 1925
  5. Cook v. GrossAppellate Division of the Supreme Court of the State of New York · 1901

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