Owens v. New Rochelle Coal & Lumber Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendants, the New Rochelle Coal and lumber Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of West-Chester on the 19th day of October, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of October, 1898, denying- the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J. :
The plaintiff made a contract to grade and make paths in a plot of land belonging to one Mapes. Crushed' blue stone was necessary for the construction of the paths. The plaintiff testified that on •applying to Mapes for some money to get the blue stone, Mapes told him that he was short of money, but directed him to order the stone from the defendant on his (Mapes’) account. . Thereupon the plaintiff ordered the blue stone from the defendant. The stone, amounting in value to eight dollars and ninety-four cents, was delivered at the premises, of Mapes, and Mrs. Mapes gave receipts…
2Cases cited3 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Wass v. . StephensNew York Court of Appeals · 1891
- Miller v. MilliganNew York Supreme Court · 1866
3Cited by5 opinions
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Linitzky v. GormanCity of New York Municipal Court · 1914
- Rawson v. LeggettAppellate Division of the Supreme Court of the State of New York · 1904
- Ericson v. Edison Electric Illuminating Co.New York Supreme Court · 1900
- Parr v. LoderAppellate Division of the Supreme Court of the State of New York · 1903