Curtiss v. Marshall
The Superior Court of New York City
Appeal by the defendant from a judgment against him, and from an order denying a motion for a new trial. The complaint alleges “that in the month of May, 1857, the defendant, Marshall, was a large manufacturer of mouldings, * * and in the manufacture of said mouldings used a large quantity of 1|: inch pine lumber; that about that time said Marshall and Hiram Ourtiss made an agreement,” by which the latter was to “famish for delivery at the manufactory of the defendant * *…
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Appeal by the defendant from a judgment against him, and from an order denying a motion for a new trial. The complaint alleges “that in the month of May, 1857, the defendant, Marshall, was a large manufacturer of mouldings, * * and in the manufacture of said mouldings used a large quantity of 1|: inch pine lumber; that about that time said Marshall and Hiram Ourtiss made an agreement,” by which the latter was to “famish for delivery at the manufactory of the defendant * * all the-11- inch pine lumber which said Marshall should require for use in his said manufactory for the space of one year,…
1Opinion of the CourtHoffman, J.
The complaint states that the defendant was a large manufacturer of mouldings, and used therein a large quantity of 1J inch pine lumber; that in the month of May, 1857, “said Marshall, (the defendant,) and Hiram Ourtiss made an" agreement by which it was agreed, that said Curtiss should furnish for delivery at the manufactory of the defendant, in the city of Hew York, all the l|r inch pine lumber which said Marshall would require for use in his said manufactory, for the space of one year, not exceeding in the whole one hundred thousand feet, and the defendant should pay therefor on delivery,…
2Cases cited1 opinion
- Richards v. WestcottThe Superior Court of New York City · 1858
3Cited by1 opinion
- Place v. . MinsterNew York Court of Appeals · 1875