The Long Island R.R. Co. v. . Verree
New York Court of Appeals
Appeajl from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover two items alleged to be due plaintiff on account.
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Appeajl from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover two items alleged to be due plaintiff on account. But one item was in dispute on the appeal; as to it, the referee found, in substance, as follows : In the year 1869, an agreement by parol was entered into between the plaintiff, acting through its president, and the defendants, whereby plaintiff agreed to deliver to defendants old railroad iron at fifty-one dollars per ton, and to…
1Opinion of the CourtRapallo, J.
The judgment appealed from is for two items. First, for $486.82, the amount of an overcharge in defendants’ account for the year 1869. Second, for the sum of $1,502.25 for old iron rails delivered to the defendants in 1870.
The allowance by the referee of the first item ($486.82) is not disputed on this appeal. The only questions raised relate to the second item of $1,502.25 for old rails.
As to this item the appellants make two points. They claim, first, that their agreement was to pay for the old rails in fish-joints, and that consequently a recovery could not be had for them in money,…
2Cited by3 opinions
- Hale Bros. v. MillikenCalifornia Court of Appeal · 1907
- People v. FlickAppellate Division of the Supreme Court of the State of New York · 1989
- Kinch v. MoadingerAppellate Terms of the Supreme Court of New York · 1899