Barnard v. . Campbell
New York Court of Appeals
This was a motion for reargument. The case is reported in 55 Hew York, 456. The facts are briefly these: On the 21st August, 1863, one E. P. Jeffries contracted, through his broker, to sell defendants, who were merchants in Hew York, 1,800 bags of linseed. Defendants upon the same day, pursuant to the contract, mailed to Jeffries their notes for the amount of the purchase, which were received by him and immediately pledged as collateral for a loan.
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This was a motion for reargument. The case is reported in 55 Hew York, 456. The facts are briefly these: On the 21st August, 1863, one E. P. Jeffries contracted, through his broker, to sell defendants, who were merchants in Hew York, 1,800 bags of linseed. Defendants upon the same day, pursuant to the contract, mailed to Jeffries their notes for the amount of the purchase, which were received by him and immediately pledged as collateral for a loan. On the twenty-first Jeffries contracted to purchase of plaintiffs 1,800 bags, and on the twenty-fourth the latter, induced by the fraudulent…
1Opinion of the CourtAllen, J.
The question considered by this court, and discussed in the opinion delivered on giving judgment upon this appeal was that distinctly presented by the exceptions to the ruling and decisions of the judge upon the trial, and as that was decisive and led to an affirmance of the order granting a new trial and a final judgment for the plaintiffs, it was not deemed necessary, in assigning the reasons for the judgment, to canvass particularly the argument, or review in detail the authorities cited by counsel upon a somewhat different view of the case. The entire brief, and all the authorities cited,…
2Cases cited7 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Root v. FrenchNew York Supreme Court · 1835
- Mowrey v. WalshNew York Supreme Court · 1828
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Caldwell v. BartlettThe Superior Court of New York City · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
- Soviero Bros. Contracting Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Linn v. ReidWashington Supreme Court · 1921
27 more not listed; retrieve them via the Exa API.