Phelps v. Rowe
New York Supreme Court
Appeal from Monroe county court. Action by Henry C. Phelps against Lucian Rowe. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals. Affirmed.
1Opinion of the CourtLewis, J.
One Jackson Utter owed the defendant about $1,500 for rent of a farm. He at the same time was indebted to plaintiff in the sum of $240 for apple barrels which he had purchased of him, *90and for which he had agreed to pay the plaintiff when he sold his apples. Utter sold his apple crop, including these barrels purchased of plaintiff, to a Mr. Burlingame for the snm of $931.25. A controversy arose between Utter and Burlingame concerning the apple bargain, and Burlingame refused to pay for them. Utter thereupon made a verbal agreement with the defendant to the following effect: Utter was to…
2Cases cited1 opinion
- Lawrence v. . FoxNew York Court of Appeals · 1859
3Cited by1 opinion
- New York Small Stock Co. v. KlossetNew York Court of Common Pleas · 1895