Brink v. Dolsen
New York Supreme Court
Motion by the plaintiff to set aside the report of a referee, and for a new trial. The facts are sufficiently detailed in the opinion of Justice Brown.
1Opinion of the CourtBrown, J.
The plaintiff’s declaration in this cause contains three counts. The two first, to recover the value of certain goods delivered at New Hampton, in the county of Orange, to the defendants, who were freighters and factors, to be transported to the city of New-York, and there sold for the plaintiff, and to pay over the proceeds, upon request, for a certain hire and reward. Both counts aver a sale of the property, and a receipt of the proceeds by the defendants. Then there is the common indebitatus count for goods sold and delivered, and for money lent, had and received, paid, laid out and…
2Cases cited1 opinion
- Ferris v. ParisNew York Supreme Court · 1813
3Cited by1 opinion
- Middleton v. . TwomblyNew York Court of Appeals · 1891