Morris v. . Rexford
New York Court of Appeals
Appeal-from the Supreme Court. The action, which was brought before the Code, was assumpsit for goods sold and delivered. Plea, the general issue. On the trial before M~. Justice Bacon, at the Herkimer Circuit, the plaintiff proved that he was the owner of two boat loads of oats at the city of Hew York.
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Appeal-from the Supreme Court. The action, which was brought before the Code, was assumpsit for goods sold and delivered. Plea, the general issue. On the trial before M~. Justice Bacon, at the Herkimer Circuit, the plaintiff proved that he was the owner of two boat loads of oats at the city of Hew York. He negotiated for the saie of them with the defendant and one Campbell, and sold them to one or the other; the plaintiif’s evidence tending to prove a sale to the defendant, and that, on the part of the defendant a sale to Campbell, under an arrangement by which the defendant was to assist him…
1Opinion of the CourtComstock, J.
The question of fact chiefly litigated at the trial was whether the plaintiff sold the oats to the defendant or to one Campbell, both of those persons having been engaged in the negotiation. That question was left to the jury, and their verdict in the plaintiff’s favor necessarily determined that the defendant was the purchaser. So far, there is nothing for this court to review.
Another question raised at the trial was not, .in my opinion, properly presented to the jury. It was claimed on the part of the defendant that the replevin suits commenced by the plaintiff for the specific recovery of…
2Cases cited3 opinions
- Littlefield v. BrownNew York Supreme Court · 1828
- Fletcher v. ColeSupreme Court of Vermont · 1850
- M'Elroy v. ManciusNew York Supreme Court · 1816
3Cited by118 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Moller v. . TuskaNew York Court of Appeals · 1881
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