Campbell v. Erie Railway Co.
New York Supreme Court
ACTION to recover the price of timber and lumber, sold and delivered by the plaintiff to the defendant. On the trial, the plaintiff proved that he sold -to the defendant a quantity of timber and lumber, to the amount and of the yalue claimed in the complaint, and that he had originally purchased it of Stevens & Co. The defendant then offered to show that the sale to the plaintiff by Stevens & Co. was void for fraud; and that Havens & Field, creditors of Stevens & Co. had…
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ACTION to recover the price of timber and lumber, sold and delivered by the plaintiff to the defendant. On the trial, the plaintiff proved that he sold -to the defendant a quantity of timber and lumber, to the amount and of the yalue claimed in the complaint, and that he had originally purchased it of Stevens & Co. The defendant then offered to show that the sale to the plaintiff by Stevens & Co. was void for fraud; and that Havens & Field, creditors of Stevens & Co. had duly attached, in the hands of the defendant, the money due for such timber, in an action brought by them against Stevens &…
1Opinion of the CourtJohn'son, J.
• The action was brought by the plaintiff to recover the price and value of a quantity of timber and lumber sold and delivered by him to the defendant. The only question in the case is whether the matters offered in evidence on the part of the defendant were material, and constituted any valid defense to the. action. The offer was, in substance, to prove that the defendant had paid the amount to the sheriff to apply in satisfaction of an execution in his hands, issued upon a judgment in favor of Field & Havens, against Stevens & White, upon being indemnified by Field & Havens against the…
2Cases cited4 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Waterbury v. . WesterveltNew York Court of Appeals · 1854
- President of the Bank of Rochester v. JonesNew York Supreme Court · 1847
- McCartney v. BostwickNew York Supreme Court · 1860
3Cited by5 opinions
- Post v. BirdSupreme Court of Florida · 1891
- Herber v. ChristophersonSupreme Court of Minnesota · 1883
- Flint v. CraigNew York Supreme Court · 1871
- Mandeville v. AveryNew York Supreme Court · 1889
- In re the Assignment of Foley & Co.New York Court of Common Pleas · 1878