Dodge v. Strong
New York Court of Chancery
[ * 229 ] THE bill stated, among other things, that, in November, 1814, one Willoughby delivered to the plaintiffs a quantity of cider, to be kept until it was sold, and the plaintiffs advanced to him 400 dollars, on his agreeing to permit the cider to remain as security for the advance, paying the storage, and giving them authority to sell the cider. That the plaintiffs, accordingly, sold the cider, the proceeds of which amounted to 478 dollars and 41 cents.
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[ * 229 ] THE bill stated, among other things, that, in November, 1814, one Willoughby delivered to the plaintiffs a quantity of cider, to be kept until it was sold, and the plaintiffs advanced to him 400 dollars, on his agreeing to permit the cider to remain as security for the advance, paying the storage, and giving them authority to sell the cider. That the plaintiffs, accordingly, sold the cider, the proceeds of which amounted to 478 dollars and 41 cents. That in February, 1815, the defendant demanded the cider, alleging that W. was his agent, and had no authority to sell it. That until…
1Opinion of the Court
The Chancellor.
This is a motion to dissolve the injunction, staying execution at law, upon the coming in of the answer.
[ * 231 ]
The object of the bill was to obtain a new trial at law. The defence of the present plaintiffs, if any they have, was legal and available at law, and if this Court could grant relief, it would be by requiring the present defendant to submit to a new trial. But it appears to me, after a very careful consideration of the case, as disclosed by the bill and answer, that I cannot retain the injunction consistently *with the established doctrines of this Court. The…
2Cases cited1 opinion
- Lansing v. EddyNew York Court of Chancery · 1814
3Cited by6 opinions
- Borland v. ThorntonCalifornia Supreme Court · 1859
- Bradford v. McConihayWest Virginia Supreme Court · 1879
- Kersey v. RashCourt of Chancery of Delaware · 1869
- Hibbard v. EastmanSupreme Court of New Hampshire · 1867
- Mayor v. BradyThe Superior Court of New York City · 1889
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