Lewis v. . Greider
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiffs, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 49 Barb., 606.) This action was brought to recover damages alleged by the plaintiffs to have been sustained by them by reason of the defendants refusing to receive and pay for a quantity of barley, in accordance with a contract between the parties for the sale and purchase of the same. On the trial before the referee, it appeared that on the 9th of December, 1864, the plaintiffs and defendants…
1Opinion of the Court
Gray, C.
Whether the barley embraced in the contract was to be of a denomination called merchantable, or of a higher quality called prime, is a question upon which the evidence was conflicting. Had the word prime in the defendants’ memorandum been omitted, the inference against the defendants, from the whole evidence, would have been increased, and interlined as it was, so faintly that it escaped observation by the referee, was (being unexplained) a matter of so great suspicion that, considered in connection with the other evidence in the case, we cannot say that the referee was not entirely…
2Cases cited7 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Burckle v. . EckhartNew York Court of Appeals · 1849
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- E. B. Waples & Co. v. H. C. Overaker & Co.Texas Supreme Court · 1890
- Moore v. . PotterNew York Court of Appeals · 1898
- Shepard v. PrattSupreme Court of Kansas · 1876
- Fitzgerald v. BurkeSupreme Court of Colorado · 1890
- Gaines Bros. & Co. v. Citizens' Bank of HenryettaSupreme Court of Oklahoma · 1921
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