Kerslake v. Schoonmaker
New York Supreme Court
Appeal from a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by James Kerslake against Cyrus Schoonmaker, for goods sold and delivered on the 17th of August, 1870, consisting of a quantity of lumber of the value of $782.17. The answer was a general denial. The issue thus raised was referred, by an order of this court, to a referee, to hear and determine, who rendered his report in favor of the plaintiff.
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Appeal from a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by James Kerslake against Cyrus Schoonmaker, for goods sold and delivered on the 17th of August, 1870, consisting of a quantity of lumber of the value of $782.17. The answer was a general denial. The issue thus raised was referred, by an order of this court, to a referee, to hear and determine, who rendered his report in favor of the plaintiff. The referee found, among other things, that the defendant was engaged in the lumber business in the city of New York, in 1868, ’69 and ’70, and…
1Opinion of the CourtMiller, P. J.
The testimony of Hill, Talcott and Avery showed transactions in the lumber business by sales from them to the defendant, from 1867 to May, 1870. Henry A. Royce made most of these purchases and they were paid for by the defendant’s notes which were paid. As late as April or May, 1870, Schoonmaker told Hill that he would be responsible for all which Royce wanted to buy, and that he shared in the profits of the sales. Royce was insolvent and had no financial credit prior to this time. Although these transactions were not with the plaintiff, I think they were competent proof in connection with…
2Cases cited5 opinions
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Johnson v. JonesNew York Supreme Court · 1848
- Peck v. YorksNew York Supreme Court · 1866
- Brooks v. ChristopherThe Superior Court of New York City · 1856
- Ferris v. . KilmerNew York Court of Appeals · 1872