Legal Opinion

Schermerhorn v. Gardenier

Appellate Division of the Supreme Court of the State of New York

Decided September 15, 1905PublishedCited by 4 opinions

Appeal by -the defendant, Ransen 'Gardenier, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡Columbia on the 1-Sth .day of March, 1905, upon the decision of the court rendered after a. trial at the Columbia Special Term.

1Opinion of the Court

Houghton, J.:

The action is to recover a balance of the proceeds of the sale of certain farm produce.

The plaintiff’s testator was a farmer, and the defendant is a. shipper and dealer in farm supplies and general merchandise.

On the trial, without objection, by testimony to which the trial court ánnouneed he gave full' credence, the defendant proved that for some years prior to the death of plaintiff’s testator he advanced to him supplies and moneys to carry on his farming operations, upon the agreement that when his crops and hay were ready for .market they should be delivered to the defendant…

2Cases cited4 opinions

  1. Sprague v. . CochranNew York Court of Appeals · 1894
  2. Coats v. . DonnellNew York Court of Appeals · 1883
  3. Kribbs v. . AlfordNew York Court of Appeals · 1890
  4. Smith v. . SmithNew York Court of Appeals · 1891

3Cited by4 opinions

  1. Howe v. HaganAppellate Division of the Supreme Court of the State of New York · 1905
  2. Klinzing v. Blauw Bros.New York Supreme Court · 1916
  3. Pennsylvania Oil Products Refining Co. v. Willrock Producing Co.Appellate Division of the Supreme Court of the State of New York · 1934
  4. Sidney Janis Ltd. v. de KooningAppellate Division of the Supreme Court of the State of New York · 1969

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