New York Ice Co. v. Parker
The Superior Court of New York City
This was an .appeal from an order denying a motion for a new trial, and from a judgment entered in favor of the plaintiffs, for the sum of $5,215.50 damages, interest and costs. The cause was tried before Justice Robertson and a jury. Under the charge of the court a verdict was rendered for the plaintiffs.
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This was an .appeal from an order denying a motion for a new trial, and from a judgment entered in favor of the plaintiffs, for the sum of $5,215.50 damages, interest and costs. The cause was tried before Justice Robertson and a jury. Under the charge of the court a verdict was rendered for the plaintiffs. The complaint set forth that the plaintiffs are a corporation for dealing in ice in the city of New York and elsewhere; that the defendant had been in the habit of purchasing ice from them; that at different times between the 24th day of July, 1858, and the 1st day of January, 1859, he had…
1Opinion of the Court
By the court, Hoffman, Justice.
I. The counsel for the defendant moved to dismiss the complaint on the ground that the plaintiffs had not proved the sale and delivery of the ice; the motion was denied and an exception taken. The plaintiffs had proved that the defendant had called, and had gone over the figures of the bills, with the secretary of the company, anji had admitted them to be, in the main, correct; the sum total of the balance was $4,507, *306and some cents. He stated that there was no objection to the bill; this was in September, 1858. Before the arbitrators, also, there was no dispute…
2Cited by1 opinion
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