Davis v. Fowler Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Mark Davis, as assignee of the Davis Provision Company, against Fowler Bros., Limited, and another. From a judgment for plaintiff, on the report of a referee, defendants appeal. Modified. Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtLandon, J.
The claims for which the plaintiff, as assignee of the Davis Provision Company, seeks recovery, are:
1. Five claims for meats purchased in 1892, which were of bad quality upon their arrival to plaintiff’s customers, to whom the defendant shipped them upon plaintiff’s order. The plaintiff bought these goods of defendant, defendant to carry them until plaintiff gave orders to ship them. They were shipped as plaintiff gave the orders. Plaintiff paid defendant for them in full, pursuant to the usual course of business between the parties, and, because of their bad quality, the plaintiff sustained…
2Cases cited1 opinion
- Davis Provision Co. v. Fowler Bros.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Corbett v. Devon BankAppellate Court of Illinois · 1973