Burnham v. Cape Vincent Seed Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made December 9, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made December 9, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought, among other things, to recover the amount of a draft drawn by F. F. Cole and accepted by defendant in payment for a cargo of peas, which was paid by plaintiff and transferred to him by the Ontario Bank, on which it was drawn. The facts, so far as material, are stated in the opinion. The…
1Opinion of the CourtBartlett, J.
This is an appeal from a judgment affirming a judgment in favor of plaintiff on the verdict of a jury at Jefferson County circuit, and from an order denying a new trial. The plaintiff was a warehouseman residing at Cape Vincent in this state. On the 2d of October, 1890, one Cole, a seed dealer at Kingston, Ontario, shipped from that port to Cape Vincent, by steamer “ Khartoum,” a cargo of peas consigned to the Ontario Bank of Kingston, care of plaintiff. On the 3rd of October, 1890, said cargo arrived in Cape Vincent and was deposited in plaintiff’s elevator, and a warehouse receipt was…
2Cases cited1 opinion
- Colgate v. . the Pennsylvania Co.New York Court of Appeals · 1886
3Cited by6 opinions
- In re T. H. Bunch Co.District Court, E.D. Arkansas · 1910
- Mairs v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Sheldon v. New York Central & Hudson River RailroadAppellate Terms of the Supreme Court of New York · 1908
- Mairs v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Manny v. WilsonAppellate Division of the Supreme Court of the State of New York · 1910
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