Hinds v. Kellogg
New York Court of Common Pleas
Appeal from city court, general term. Action by Joseph E. Hinds and others against James E. Kellogg, for work, labor, and services and materials furnished, which defendant refused to accept, on the ground that the articles manufactured were not delivered within the stipulated time. There was a judgment for the plaintiffs, and the de fendant appeals.
1Opinion of the CourtBischoff, J.
The case on appeal omits the requisite certificate that it contains all the evidence adduced upon the trial, and we are confined in our inquiry to ascertaining whether the facts found by the referee support the judgment appealed from. Porter v. Smith, 107 N. Y. 531,14 N. E. Rep. 446. About April 12, 1887, plaintiffs, at the request of the defendant, agreed to manufacture 100,000 circulars, to be delivered as soon as possible; and about July 7, 1887, at like request, further agreed to make 450,000 wraps, to be delivered during the following month of September. These circulars and wraps weijp…
2Cases cited13 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Reeder v. . SayreNew York Court of Appeals · 1877
- Porter v. . SmithNew York Court of Appeals · 1887
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
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3Cited by10 opinions
- Beck & Pauli Lithographing Co. v. Colorado Milling & Elevator Co.Court of Appeals for the Eighth Circuit · 1892
- Associated Newspapers v. PhillipsCourt of Appeals for the Second Circuit · 1923
- Roubicek & Zobel v. HaddadSupreme Court of New Jersey · 1902
- Zaloom v. GanimAppellate Terms of the Supreme Court of New York · 1911
- Sturges & Burn Manufacturing Co. v. American Separator Co.Appellate Division of the Supreme Court of the State of New York · 1913
5 more not listed; retrieve them via the Exa API.