Newberry v. . Wall
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 22, 1881, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiffs on trial.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 22, 1881, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiffs on trial. This action was brought to recover the purchase-price of one thousand bales of Dowrah jute alleged to have been sold by plaintiffs to the firm of William Walls’ Sons, of which firm defendant is the surviving partner. 'It is reported on a former appeal in 65 N. Y. 484. The sale was made through a broker and the terms thereof, as claimed by plaintiffs, were…
1Opinion of the CourtEarl, J.
The plaintiffs sued the defendants in 1870, to recover the price of the Dowrah jute now in question. The defendants defended that action upon the ground that the contract of sale was invalid under the statute of frauds, and also upon the ground that the jute was not of the quality required by the alleged contract. The plaintiffs were nonsuited, and then appealed to the General Term and the Commission of Appeals, and the judgment of nonsuit was sustained upon both grounds. (35 Super. Ct. 106; 65 N. Y. 484.) The plaintiffs then commenced this action and the defendants again defended upon the…
2Cases cited3 opinions
- Butler v. ThomsonSupreme Court of the United States · 1876
- Merritt v. ClasonNew York Supreme Court · 1815
- Newbery v. . WallNew York Court of Appeals · 1875
3Cited by11 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Matter of HuxleyNew York Court of Appeals · 1945
- Dinuba Farmers' Union Packing Co. v. J. M. Anderson Grocer Co.Missouri Court of Appeals · 1916
- Childs v. C. E. Riley Co.Appellate Division of the Supreme Court of the State of New York · 1919
- In re the Arbitration between J. K. Knitting Mills, Inc. & DorginAppellate Division of the Supreme Court of the State of New York · 1948
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