Follett Wool Co. v. Utica Trust & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Utica Trust and Deposit Company, from an order of the Supreme Cburt, made at the Albany Trial Term and entered in the office of the clerk of the county of Albany on' the 9th day of December, 1902, denying the said defendant’s: motion for a new trial made upon the minutes. The trial before the court and á jury resulted in a verdict for the plaintiff by direction of the court,' and judgment was thereupon' entered.
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Appeal by the defendant, the Utica Trust and Deposit Company, from an order of the Supreme Cburt, made at the Albany Trial Term and entered in the office of the clerk of the county of Albany on' the 9th day of December, 1902, denying the said defendant’s: motion for a new trial made upon the minutes. The trial before the court and á jury resulted in a verdict for the plaintiff by direction of the court,' and judgment was thereupon' entered. From an order denying a motion to set aside the verdict and for a new trial this appeal is taken. There is no appeal from the judgment. In the latter part…
1Opinion of the Court
Chester, J.:
While under the circumstances of this case the testimony of Joseph D. Hamburger concerning the agreement with the plaintiff made by telephone for the sale of the wool is of very doubtful veracity, yet for the purposes of this appeal we must accept it as true.
The question is then presented as to whether the title to the wool in question was in the plaintiff or in the D. J. Hamburger & Sons Company at the time the latter pledged it to the appellant as security for the loan which it made, and that depends upon the validity of the alleged sale by the plaintiff to the Hamburger Company…
2Cases cited2 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Shindler v. . HoustonNew York Court of Appeals · 1848
3Cited by5 opinions
- Schwab v. OatmanNew York Supreme Court · 1907
- Young v. IngalsbeAppellate Division of the Supreme Court of the State of New York · 1912
- Chester County Guarantee Trust & Safe Deposit Co. v. Securities Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Shotwell v. Sioux Falls Savings BankSouth Dakota Supreme Court · 1914
- Young v. IngalsbeAppellate Division of the Supreme Court of the State of New York · 1912