Townsend Manufacturing Co. v. Foster
New York Supreme Court
APPEAL by the defendants from a judgment recovered upon a referee’s report.
1Opinion of the Court
By the Court, Daniels, P. J.
The right of the plaintiff to recover in this action depended upon whether the defendants had agreed to keep the property insured, which the plaintiff consigned to them for sale. And the disposition of this question depended solely upon whether the *347relation given of the contract made between the parties, by the witness who testified to it on the part of the plaintiff, was entitled to credit, after the positive contradiction of it by the defendants’ evidence. These three persons are the only surviving parties who were present when the contract was made, and the only…
2Cases cited3 opinions
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
- Boyd v. ColtNew York Supreme Court · 1860
- Jackson v. SternberghNew York Supreme Court · 1803
3Cited by17 opinions
- Green v. . DisbrowNew York Court of Appeals · 1874
- Mulligan v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
- Perham v. CottleNew York Supreme Court · 1916
- Curry v. WibornAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of DaleNew York Surrogate's Court · 1936
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