Merritt v. . Thompson
New York Court of Appeals
Action commenced in July, 1854, in the Court of Common Pleas of the city of New York, against Martin Thompson, to recover $80,000, alleged to have been received by the defendant at Hong Kong, in China, on the sale of the ship “Mischief,” on the plaintiff’s account.
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Action commenced in July, 1854, in the Court of Common Pleas of the city of New York, against Martin Thompson, to recover $80,000, alleged to have been received by the defendant at Hong Kong, in China, on the sale of the ship “Mischief,” on the plaintiff’s account. Also, a further sum for the earnings of the ship prior to the sale. ■ The defendant, in his answer, alleged that before the sale at Hong Kong, viz., in December, 1853, he sold the ship in San Francisco, as he was authorized to do by a power of attorney from the plaintiff, for $22,000, and that he was ready to account for the…
1Opinion of the Court · SeldemSeldem, J.
It was conceded on the argument by the respondent’s counsel, that it was erroneous to enter final judgment against the plaintiff on the appeal in the court below,, and that for that error the judgment must now be reversed; but it was insisted that on such reversal, the judgment of the special term should not be affirmed, but that a new trial should be granted, in accordance with the presumed intention of the court below. The only question, therefore, for consideration here is, whether there was any error in the judgment entered at the special term.
In order to decide this question, it is…
Also in this document: Opinion of the Court · Rosekrans.
2Cases cited9 opinions
- Carroll v. Lessee of CarrollSupreme Court of the United States · 1854
- Yates v. RussellCourt for the Trial of Impeachments and Correction of Errors · 1820
- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
- Smith v. CutlerNew York Supreme Court · 1833
- Benedict v. CaffeThe Superior Court of New York City · 1854
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3Cited by16 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- American Renaissance Lines, Inc. v. Saxis Steamship Co., and Multifacs International Traders, Inc.Court of Appeals for the Second Circuit · 1974
- Wood v. . TunnicliffNew York Court of Appeals · 1878
- In the Matter, Etc., of Kings Co. Elev. Ry. Co.New York Court of Appeals · 1880
- Lewis v. YagelNew York Supreme Court · 1894
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