Sayer v. Wilstrop
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas B. Wilstrop, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 24th day of June, 1921, upon the report of a referee; also from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of said clerk on the 24th day of June, 1921, confirming the report of the referee upon which the said judgment was entered; also from two…
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Appeal by the defendant, Thomas B. Wilstrop, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 24th day of June, 1921, upon the report of a referee; also from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of said clerk on the 24th day of June, 1921, confirming the report of the referee upon which the said judgment was entered; also from two orders of reference herein dated the 5th day of March, 1920, and the 23d day of April, 1920, respectively; also from an…
1Concurrence
Hinman, J. (concurring in part):
The plaintiff is a factory man engaged in the manufacture of butter and cheese. The defendant is a milk producer and resides near Rensselaer Falls, St. Lawrence county, N. Y.
The contract in question was entered into on or about November 22, 1916. The plaintiff was the party of the first part and the defendant with fifty-one other milk producers were the parties of the second part. The contract, so far as material, provided as follows:
“ In consideration of the joint and several undertaking on the part of the parties of the second part evidenced by their…
2Cases cited9 opinions
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Untermyer v. . BeinhauerNew York Court of Appeals · 1887
- Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1908
- Smith v. Western Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
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