Thompson v. Menck
New York Court of Appeals
Reuben R. Thompson sued William Menck in the supreme court to recover money due on a sale of goods. In March, 1856, while the river was closed with ice, the defendant called upon the plaintiff at Albany, and agreed with him for the purchase of such bones and fine black, or animal charcoal, as he (plaintiff), might have at the opening of navigation. The goods were to be delivered at the plaintiff’s dock, in the city of Albany, and paid for in cash on delivery.
Read the full summary
Reuben R. Thompson sued William Menck in the supreme court to recover money due on a sale of goods. In March, 1856, while the river was closed with ice, the defendant called upon the plaintiff at Albany, and agreed with him for the purchase of such bones and fine black, or animal charcoal, as he (plaintiff), might have at the opening of navigation. The goods were to be delivered at the plaintiff’s dock, in the city of Albany, and paid for in cash on delivery. At the time of such purchase, defendant informed plaintiff that Mr. C. FT. Warner would ship the goods for defendant, and that…
1Opinion of the Court
By the Court.
Potter, J.
It was not stated in the judgment or order of reversal of the general term, that the judgment on the report of the referee was reversed on the questions, ¡of fact. Section 268 of the Code declares “ that it shall not he deemed to have been reversed on questions of fact, unless so ■stated in the judgment of reversal.” This court cannot avoid this statute, how much- soever they might be impressed with the injustice of the finding of the facts below, We have so ■distinctly held, twice during this year, and have denied two .motions for leave to send the case back, that the…
2Cases cited2 opinions
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
- Shepherd v. PeopleNew York Court of Appeals · 1859
3Cited by3 opinions
- Spiegel v. LowensteinAppellate Division of the Supreme Court of the State of New York · 1914
- Poel v. Brunswick-Balke-Collender Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Joy v. SchlossCity of New York Municipal Court · 1884