Bloomington Mining Co. v. Brooklyn Hygienic Ice Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn Hygienic Ice Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of March, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of March, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the purchase price of a cargo of coal alleged to have been sold and delivered by the plaintiff to the defendant on or about the 13th of August, 1895. The answer denied the sale and delivery, and as separate defenses, alleged : (1) Payment; (2) settlement in full; and (3) accord and satisfaction.
The plaintiff, between June 8 and September 30, 1895, sold through its agent (one Apollonio) and delivered to the defendant at its place of business several boatloads of coal. On the 30th of September, 1895, the plaintiff rendered to the defendant a…
2Cases cited6 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Preston v. GrantSupreme Court of Vermont · 1861
- Curtis v. BradleySupreme Court of Connecticut · 1894
- Lapham v. KellySupreme Court of Vermont · 1862
- Mayor v. Second Avenue RailroadNew York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schuller v. RobisonAppellate Division of the Supreme Court of the State of New York · 1910
- Rein v. WagnerNew York Supreme Court · 1965
- Rathborne v. HatchAppellate Division of the Supreme Court of the State of New York · 1903
- Estate of McArdle v. CommissionerUnited States Tax Court · 1981