Smith v. York Manufacturing Co.
Supreme Court of New Jersey
Rule to show cause certified from Monmouth Circuit. This was an issue tried in the Monmouth Circuit. A jury was impaneled, but afterwards discharged, and, by consent, the issue was tried before the court. The finding of the court was in favor of the defendant. A rule to show cause why the said finding should not be set aside and a new trial granted was subsequently granted and certified into this court for an advisory opinion thereon.
Read the full summary
Rule to show cause certified from Monmouth Circuit. This was an issue tried in the Monmouth Circuit. A jury was impaneled, but afterwards discharged, and, by consent, the issue was tried before the court. The finding of the court was in favor of the defendant. A rule to show cause why the said finding should not be set aside and a new trial granted was subsequently granted and certified into this court for an advisory opinion thereon. The plaintiff’s suit is for the contract price of two Kingsley boilers, of one hundred horse power each, and of an iron smoke-stack, furnished to the defendant.
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The plaintiff is a manufacturer of boilers known as the Kingsley drop-tube steam boilers. The defend*243ant had contracted with the Carroll Manufacturing Company to set up for that company a plant for manufacturing ice. For the purpose of fulfilling the contract with the Carroll company, the defendant contracted with the plaintiff to furnish and place in position two of the Kingsley boilers, with the fittings as described, set up complete for use and ready for the attachment of steam, feed, water and blow-off pipes. The boilers were delivered and…
2Cited by12 opinions
- Continental Savings & Building Ass'n v. WoodCourt of Appeals of Texas · 1930
- Wood v. BabbittU.S. Circuit Court for the District of New Jersey · 1907
- Tiller v. Cincinnati Discount Co.Court of Appeals of Kentucky (pre-1976) · 1937
- Sturtevant Mill Co. v. Kingsland Brick Co.Supreme Court of New Jersey · 1907
- Mechanical Boiler Cleaner Co. v. KellnerSupreme Court of New Jersey · 1898
7 more not listed; retrieve them via the Exa API.