Brown v. Brockett
New York County Court, Herkimer County
This action was commenced in a justices’ court and was tried before the justice and a jury and a verdict given for the plaintiff. The defendant duly appealed to the Herkimer county court and judgment of reversal, with costs, was, on the 4th day of June, 1877, entered in favor of the defendant and against the plaintiff and an execution against the property of the plaintiff was issued and returned unsatisfied.
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This action was commenced in a justices’ court and was tried before the justice and a jury and a verdict given for the plaintiff. The defendant duly appealed to the Herkimer county court and judgment of reversal, with costs, was, on the 4th day of June, 1877, entered in favor of the defendant and against the plaintiff and an execution against the property of the plaintiff was issued and returned unsatisfied. On the 26th of September, 1877, the defendant issued .an execution against the body. The plaintiff was arrested on the same and confined on the limits of Herkimer county and now moves to…
1Opinion of the Court
Amos H. Prescott, County Judge.
The only question that arises in this case is as to the true construction of the complaint in the action upon which the case stands, and which is as follows:
“ Plaintiff complains of defendant and shows to the court that on or about the 1st day of March, 1876, at the town of Little Falls, the defendant sold and delivered to the plaintiff a quantity of beef at and for a price then agreed upon between the parties; that the plaintiff paid to the defendant the price agreed upon for the sale of the said beef; that at the time of such sale the defendant represented and…
2Cases cited6 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Miller & Becker v. ScherderNew York Court of Appeals · 1849
- Barber v. MorganNew York Supreme Court · 1867
- Executors of Evertson v. MilesNew York Supreme Court · 1810
- Clark v. PeopleNew York Supreme Court · 1869
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