Rumsey v. Boutwell
New York Supreme Court
Appeal from circuit court, Rensselaer county. Action by Israel P. Rumsey and another against Charles A. Boutwell, as •surviving partner, etc., to recover the balance due on a purchase of corn. There was a judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtLearned, P. J.
This is an appeal from a judgment on a verdict for the plaintiffs directed by the court. The only point which the appellant urges on this appeal is that he was entitled to go to the jury, and especially upon the question “whether this corn was ever actually purchased by the plaintiffs, as the plaintiff Rumsey is the only evidence on the subject.” The action is for a balance alleged to be owing plaintiffs upon a purchase of corn, which the plaintiffs claim that they actually made for defendant’s firm. It was admitted that in August, 1886, defendant’s firm requested plaintiffs to buy a certain…
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