Whitlock v. . Hay
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in -favor of defendant entered upon the report of a referee, and granting a new trial. This action was brought to recover for an alleged shortage upon the delivery of a quantity of grain purchased by plaintiffs of defendant.
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Appeal from, order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in -favor of defendant entered upon the report of a referee, and granting a new trial. This action was brought to recover for an alleged shortage upon the delivery of a quantity of grain purchased by plaintiffs of defendant. On the 8th day of May, 1869, the defendant contracted to sell to the plaintiffs 12,569 bushels of oats, then supposed to be in Scott & Co.’s stores at the Atlantic dock, Brooklyn, for which he held their warehouse receipt, by which the quantity was…
1Opinion of the CourtGrover, J.
The principal if not the only question arises upon the exception of the plaintiffs to the finding by the referee, to the effect that the plaintiffs received from the defendant the warehouse receipt of Scott & Co., in satisfaction and fulfillment.of their contract to deliver the oats. As the order of reversal by the General Term fails to state that it was made upon error of fact as well as of law, this court must assume that it was based upon the latter only. (Code, § 268.) It has been repeatedly held that a finding of a fact essential to sustain the judgment without any evidence sustaining…
2Cited by10 opinions
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- Babcock v. People's Savings BankIndiana Supreme Court · 1889
- Andersen, Meyer & Co. v. Northwest Trading Co.Washington Supreme Court · 1921
- Rummell v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1915
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