Emmett v. Penoyer
New York Supreme Court
Appeal from circuit court, Genesee county. Action by Harold J. Emmett against William J. Penoyer. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals. Reversed.
Read the full summary
Appeal from circuit court, Genesee county. Action by Harold J. Emmett against William J. Penoyer. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals. Reversed. The plaintiff having, in January, 1890, purchased of the defendant the stock of goods, furniture, etc., of a drug store in the city of New York, carried on the business there until in December, 1891, when he resold to the defendant, and executed and delivered to him a bill of sale, of which the following is a copy: “W. J.…
1Opinion of the CourtBradley, J.
The main question here is whether oral proof to the effect that the defendant agreed to pay the plaintiff $3,500, instead of $2,500, for the goods was admissible. The proposition of fact arising upon the conflicting evidence given in behalf of the •respective parties was properly submitted to the jury, unless they were concluded as to the price by the written bill of sale subscribed by the plaintiff. By that he states that the defendant bought the' *235property, and the price there mentioned is $2,500. After the writing was so executed, the defendant delivered up the plaintiff’s notes, amounting…
2Cases cited22 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Truscott v. . KingNew York Court of Appeals · 1852
- Grierson v. . MasonNew York Court of Appeals · 1875
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sturmdorf v. SaundersAppellate Division of the Supreme Court of the State of New York · 1907