Legal Opinion

Cassidy v. . Le Fevre

New York Court of Appeals

Decided May 5, 1871PublishedCited by 28 opinions

Appeal from the judgment of the General Term of the Supreme Court, in the first judicial district, affirming the judgment of the Special Term, rendered upon the report of a referee, in favor of the plaintiff. Action upon two promissory notes given by the defendant to the plaintiff, and for goods sold and delivered. The action was tried by a referee. The claim for goods sold was am all in amount, and was not contested.

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Appeal from the judgment of the General Term of the Supreme Court, in the first judicial district, affirming the judgment of the Special Term, rendered upon the report of a referee, in favor of the plaintiff. Action upon two promissory notes given by the defendant to the plaintiff, and for goods sold and delivered. The action was tried by a referee. The claim for goods sold was am all in amount, and was not contested. The notes were given in part payment for a steam engine and boilers, sold by the plaintiff to the defendants. By the contract of sale, the plaintiff agreed to sell and deliver…

1Opinion of the CourtAllen, J.

The defendants were manufacturers of woolen, cloths in the State of Connecticut; employing in propelling their machinery and the other processes of their manufacture, both water and steam power, and the engines, boilers and other machinery, were purchased of the plaintiff to be used in their manufactory in addition to and in connection with other motive powers and other machinery. The contract and agreement of the plaintiff had no reference to the use of the engine and machinery sold for any special purpose, or for use in' any particular place. By the plaintiff’s contract he was to furnish…

2Cases cited4 opinions

  1. Griffin v. . ColverNew York Court of Appeals · 1858
  2. Myers v. . BurnsNew York Court of Appeals · 1866
  3. Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
  4. Freeman v. CluteNew York Supreme Court · 1848

3Cited by28 opinions

  1. Colrick v. . SwinburneNew York Court of Appeals · 1887
  2. Witherbee v. . MeyerNew York Court of Appeals · 1898
  3. Paine v. Consumers' Forwarding & Storage Co.Court of Appeals for the Sixth Circuit · 1895
  4. Dodds v. . HakesNew York Court of Appeals · 1889
  5. Feeney & Bremer Co. v. StoneOregon Supreme Court · 1918

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