Little v. . Banks
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 13, 1880, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 20 Hun, 143.) The nature of the action and the facts are sufficiently stated in the opinion. Plaintiff being a third party and not privy,to the contract or the consideration could not maintain this action.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 13, 1880, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 20 Hun, 143.) The nature of the action and the facts are sufficiently stated in the opinion. Plaintiff being a third party and not privy,to the contract or the consideration could not maintain this action. (Garnsey v. Rogers, 47 N. Y. 233, 240; Vrooman v. Turner, 69 id. 280, 284, 285; Simson v. Brown, 68 id. 355; Railroad Co. v.…
1Opinion of the CourtMiller, J.
This action was brought to recover damages sustained by the plaintiffs, as law-book-sellers, for an alleged refusal of the defendant to sell and deliver to them certain copies of the volumes of the Yew York Reports, published by the defendant. The contract of the defendant with the State officers who were authorized to make the same provided, among other things, that the defendant should at all times keep the volumes published for sale at retail, at the price named, in one or more law-book-stores in the city of Albany, and the city of Yew York, and it declared: “ And should any other…
2Cases cited13 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Walden v. SherburneNew York Supreme Court · 1818
- Arnold v. . NicholsNew York Court of Appeals · 1876
- Staples v. ParkerNew York Supreme Court · 1864
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3Cited by84 opinions
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- Seaver v. . RansomNew York Court of Appeals · 1918
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Rhoads Drilling Co. v. AllredTexas Supreme Court · 1934
- PICCOLI A/S v. Calvin Klein Jeanswear Co.District Court, S.D. New York · 1998
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