Newbery v. . Wall
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of defendants, entered upon an order dismissing their complaint on trial. (Reported below, 3 J. & S., 106.) This action was brought by the plaintiffs to recover of the defendants the price of 1,000 bales of Dowrah jute, alleged to have been sold them at a stipulated sum. The facts material to the decision of the appeal sufficiently appear in the opinion.
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Appeal from a judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of defendants, entered upon an order dismissing their complaint on trial. (Reported below, 3 J. & S., 106.) This action was brought by the plaintiffs to recover of the defendants the price of 1,000 bales of Dowrah jute, alleged to have been sold them at a stipulated sum. The facts material to the decision of the appeal sufficiently appear in the opinion. Defendants’ letter admitting the purchase of the goods by them was sufficient to take the case out of the operation of the…
1Opinion of the Court
Lott, Ch. C.
There is no ground for the reversal of the judgment in this case. The complaint alleges that, on or about the 25th day of Hay, 1870, “ the plaintiffs agreed to sell to the defendants and the defendants agreed to purchase from the plaintiffs 1,000 bales of Dowrah jute, shipped at London for Hew York, per ship American Congress, in good order and free from damage, at the price of five cents and three-quarters of a cent per pound, in gold coin of the United States, cash payable in fifteen days from delivery alongside ship.” It is then averred, that the said quantity of jute was…
2Cited by14 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Drake v. . SeamanNew York Court of Appeals · 1884
- Barney v. . ForbesNew York Court of Appeals · 1890
- Ideal Structures Corporation v. Levine Huntsville Development CorporationCourt of Appeals for the Fifth Circuit · 1968
- Newberry v. . WallNew York Court of Appeals · 1881
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