Schwann v. Clark
New York Court of Common Pleas
Appeal from city court, general term. • Action by John Frederick Schwann and another against George W. Clark. From an order of the city court (27 N. Y. Supp. 2G2) .affirming a judgment in favor of plaintiffs, defendant appeals.
1Opinion of the CourtBischoff, J.
Plaintiffs sued to recover the difference in amount between the agreed price of a certain quantity of lead, .shipped to defendant according to contract, and the price at which it was resold on defendant’s failure to accept and pay for the same upon its arrival. The questions raised by appellant upon this appeal are presented by exceptions taken to the denial of the motion to dismiss the complaint, and to portions of the charge of the trial justice below. The exceptions to rulings upon evidence, not being pressed, are not necessarily the subject of review (Gilder-sleeve v. Dixon, 6 Daly, 76);…
2Cases cited13 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Beekman v. FrostNew York Supreme Court · 1820
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Myers v. CohnNew York Court of Common Pleas · 1893
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3Cited by3 opinions
- San Francisco Iron & Metal Co. v. Sweet Steel Co.Court of Appeals for the Ninth Circuit · 1928
- Griffin v. CondonAppellate Terms of the Supreme Court of New York · 1896
- Schwann v. ClarkNew York Court of Common Pleas · 1894