Davis v. Kling
New York Supreme Court
Appeal from Sullivan county court. Action by John F. Davis against Anna E. Kling to recover for milk delivered to defendant’s creamery during the months of February and March, 1892. There was a judgment in favor of plaintiff for $43.30 damages, besides costs. Defendant appealed to the county court, and demanded a new trial in that court. The county court directed a verdict in favor of plaintiff for $43.90, with interest, and defendant appeals. Reversed.
1Opinion of the CourtPutnam, J.
This action was brought to recover for milk sold and delivered during the months of February and March, 1892, under the provisions of a written contract between the parties, which took effect on April 1, 1891, and continued until April 1, 1892, and by which plaintiff during said period agreed to deliver milk to defendant. The latter was to pay on the 15th of each month for the milk delivered the prior month. In pursuance of the contract, plaintiff delivered milk from April 1,1891, to April 1,1892, and following the delivery of each month defendant made the payments required by the contract by…
2Cases cited11 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
- Bennett v. . BatesNew York Court of Appeals · 1884
- Redmond v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Waite v. LeggettNew York Supreme Court · 1828
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3Cited by7 opinions
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- Pritchard v. Peoples BankMissouri Court of Appeals · 1918
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