Sutton v. Wanamaker
Appellate Terms of the Supreme Court of New York
' /Appeal from City Court of New York, Trial Term. Action by George H. Sutton against John Wanamaker and others. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtBischoff, J.
The action was brought for goods sold and delivered, and, admitting the cause of action, the defendants set up a counterclaim, or set-off, for the amount of penalties incurred by them in their transactions with the United States government through the plaintiff’s failure to deliver the goods at specified dates. A verdict having been directed for the plaintiff, the question is presented whether, in any aspect of the proof, the jury could have found that the goods were sold to the defendants by the plaintiff with knowledge that the defendants’ purpose was to deliver them to the government under…
2Cases cited1 opinion
- Hecla Powder Co. v. Sigua Iron Co.New York Supreme Court · 1895
3Cited by4 opinions
- Long v. American Surety Co.North Dakota Supreme Court · 1912
- McKibbin v. PierceCourt of Appeals of Texas · 1916
- Southern Ferro Concrete Co. v. Federal Terra Cotta Co.Supreme Court of Florida · 1920
- Czarnikow, MacDougall & Co. v. BaxterAppellate Division of the Supreme Court of the State of New York · 1911