Ferris v. . Kilmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of defendant, entered upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 47 Barb., 411.) This was an action to recover the sum of $610, for a quantity of butter sold by the plaintiff’s assignor in August, 1857. Harvey Kilmer carried on the produce business in Hew York, under the name of C. Kilmer, which name represented York, under the name of C. Kilmer, which name represented the defendant. Harvey Kilmer was unable to do business in his own name, and used the name of his…
1Opinion of the Court
The General Term have sustained the judgment on the ground that on the sale the credit was exclusively given to Harvey. In delivering the opinion of the court, MULLEN, J., uses this language: "The referee has not found that credit was given exclusively to Harvey, but such is to be taken to be the intention of the referee, and thus construing the report, I am in favor of affirming the judgment." I am not able to concur in this inference of the intended finding of the referee. The undisputed facts point to a contrary conclusion.
It is proved without question that Harvey Kilmer carried on this…
2Cases cited1 opinion
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by7 opinions
- Keskal v. ModrakowskiNew York Court of Appeals · 1928
- Powers v. McLeanAppellate Division of the Supreme Court of the State of New York · 1897
- Napa Valley Wine Co. v. CasanovaWisconsin Supreme Court · 1909
- Alexander & Edgar Lumber Co. v. McGeehanWisconsin Supreme Court · 1905
- Kerslake v. SchoonmakerNew York Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.