White v. Schweitzer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Nathan Schweitzer 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 Nassau on the 10th day of May, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendants’ motion for a new trial made upon the minutes. •
1Opinion of the Court
Thomas, J.:
The complaint alleges that the plaintiff’s assignor “ sold and agreed to ship to defendants in New York” a carload of turkeys “ at an agreed price of eighteen cents per pound, less the freight on said car between Maysville and New York city.” The answer, without otherwise denying the allegation, states as a defense that the plaintiff’s assignor “ sold and agreed to ship to the defendants in New York,” dry-picked stock, and that defendants “ agreed to pay for the same at and *546after the rate of eighteen, cents per pound, less the freight on said car between Maysville and New York…
2Cases cited12 opinions
- Everett v. SaltusNew York Supreme Court · 1836
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Krulder v. . EllisonNew York Court of Appeals · 1871
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Mee v. . McNiderNew York Court of Appeals · 1888
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3Cited by7 opinions
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- Columbia Mills, Inc. v. Machenbach Importing Co.Appellate Terms of the Supreme Court of New York · 1921
- Hoffman Bros. Produce Co. v. I. V. Horn Co.New York Supreme Court · 1916
- Lopez v. Henry Isaacs, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Seaver v. Lindsay Light Co.New York Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.