Consumers Ice Co. v. Webster, Son & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by thé defendant, E. Webster, Son & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 20th day of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of May, 1897, denying the defendant’s motion for a new trial made upon the minutes. . The complaint in this action alleged that the plaintiff “ is, and at all times hereafter…
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Appeal by thé defendant, E. Webster, Son & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 20th day of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of May, 1897, denying the defendant’s motion for a new trial made upon the minutes. . The complaint in this action alleged that the plaintiff “ is, and at all times hereafter mentioned has been, a corporation'organized and existing under and by virtue of the laws of the State of New York.”
1Opinion of the Court
Follett, J.:
This action was begun September '23, 1896, to recover damages for the failure of the defendant to deliver ice, pursuant to the following contract :
“For and in consideration of the sum of one ($1.00) dollar to us, the undersigned, E. Webster, Son & Co., a corporation created and existing under and by virtue of the laws of the State of New York, and doing -business in the city of Buffalo, N. Y., in hand paid by the Consumers Ice Company of Buffalo, the receipt of which is hereby acknowledged, we do hereby agree to and with said Consumers Ice Company to furnish and deliver to them,…
2Cases cited3 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
- Phelps v. . McQuadeNew York Court of Appeals · 1917
- Peerless Weighing & Vending Mach. Corp. v. International Ticket Scale Corp.Court of Appeals for the Third Circuit · 1942
- Everson v. J. L. Owens Manufacturing Co.Supreme Court of Minnesota · 1920
- Bond Trouser Co. v. American Railway Express Co.City of New York Municipal Court · 1925
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