Legal Opinion

White v. A. W. Gray's Sons

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1904PublishedCited by 17 opinions

Appeal by the plaintiff, James White, from a judgment of the County Court of Clinton county in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 7th day of May, 1903, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 6th day of May, 1903, and entered in said clerk’s office, denying the plaintiff’s motion for á new trial made upon the minutes.

1Opinion of the Court

Houghton, J. :

The plaintiff purchased a threshing machine from the defendant upon condition that the machine should remain the property of the vendor until the purchase price, payable in installments and represented by promissory notes, should be fully paid.

Upon the execution of the contract and delivery of the machine to the plaintiff a portion of the purchase price was paid, and four promissory notes of fifty-five dollars each, due at various times, were delivered to the defendant. Prior to the commencement of this action the plaintiff paid the one first becoming due, with interest.

The…

2Cases cited3 opinions

  1. Earle v. RobinsonNew York Supreme Court · 1895
  2. Orcutt v. RickenbrodtAppellate Division of the Supreme Court of the State of New York · 1899
  3. Utter v. NelliganNew York Supreme Court · 1895

3Cited by17 opinions

  1. Stewart & Holmes Drug Co. v. ReedWashington Supreme Court · 1913
  2. Manson v. DaytonCourt of Appeals for the Eighth Circuit · 1907
  3. Norman v. MeekerWashington Supreme Court · 1916
  4. Kirk v. CrystalAppellate Division of the Supreme Court of the State of New York · 1907
  5. George A. Ohl & Co. v. Standard Steel Sections, Inc.Appellate Division of the Supreme Court of the State of New York · 1917

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