Empire Manufacturing Co. v. Moers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles Z. Moers and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 24th day of June, 1891, upon the decision of the court rendered after a trial before the court without a jury at the Cayuga Trial Term.
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Appeal by the defendants, Charles Z. Moers and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 24th day of June, 1891, upon the decision of the court rendered after a trial before the court without a jury at the Cayuga Trial Term. The plaintiff commenced an action against the sheriff of Cayuga county for acts done by him in virtue of an attachment and an execution issued Upon a judgment in favor of the defendants in this action. Subsequent.to the commencement of this action the defendants were…
1Opinion of the Court
Hardin, P. J.:
Plaintiff is a foreign corporation wholly engaged in carrying" on a manufacturing business in this State. In the month of February, 1896, a negotiation was had between the plaintiff and Pratt, of Boston, for the purchase of a quantity of composition metal, and k purchase was consummated by telephone and letter, and the metal was shipped from Boston to the plaintiff and reached the city of Auburn about March 2, 1896, the invoice having been transmitted on the twenty-sixth of February, for 25,338 pounds, at the agreed price of $1,900.35. Immediately after the arrival of the…
2Cases cited7 opinions
- Kinney v. . KiernanNew York Court of Appeals · 1872
- Brown v. . FosterNew York Court of Appeals · 1888
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- People Ex Rel. Tiffany Co. v. . CampbellNew York Court of Appeals · 1894
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3Cited by4 opinions
- Smith v. MaineNew York Supreme Court · 1932
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923
- Dahlstrom v. GemunderAppellate Division of the Supreme Court of the State of New York · 1909
- Maeder v. WexlerAppellate Terms of the Supreme Court of New York · 1904