Fletcher v. Jacob Dold Packing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Jacob Dold Packing Company, from a judgment of the Supreme Court in favor of the plaintiff's, entered in the office of the clerk of the county of Jefferson on the 18th day of January, 1898, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 20th day of January, 1898, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Jacob Dold Packing Company, from a judgment of the Supreme Court in favor of the plaintiff's, entered in the office of the clerk of the county of Jefferson on the 18th day of January, 1898, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 20th day of January, 1898, denying the defendant’s motion for a new trial made upon the minutes. In 1895 the plaintiffs were partners under the name of Fletcher Brothers and engaged at Champion, N. Y., in farming and dealing in live stock, and the defendant was a corporation engaged at…
1Opinion of the Court
Follett, J.:
The defendant does not assert that the contract entered into between the litigants for the future delivery of 2,000 unidentified cows was not intended by the parties to be performed by delivery on the part of the vendors and by acceptance on the part of the vendee, or, in other words, it is not asserted that it was a wager on the future price of cows, and in the absence of such a defense the mere fact that when this executory contract was entered into the plaintiffs owned no cows of the kind which they contracted thereafter to deliver, does not render the agreement void as a wager…
2Cases cited3 opinions
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Stanton v. SmallThe Superior Court of New York City · 1849
- Duryea v. BonnellAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Grobe v. KramerNew York Supreme Court · 1942
- Upson Co. v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Rankin v. HelmsSupreme Court of North Carolina · 1956