Smith v. Holland
New York Supreme Court
APPEAL by the defendant Holland from a judgment entered upon the report of a referee. ■ The action was for money had and received, and was brought to recover the value of a deficiency in the quantity of lumber shipped by the defendants to the plaintiffs.
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APPEAL by the defendant Holland from a judgment entered upon the report of a referee. ■ The action was for money had and received, and was brought to recover the value of a deficiency in the quantity of lumber shipped by the defendants to the plaintiffs. The referee found and reported the following facts: 1st. That the plaintiffs were copartners in business in the city of New York, as dealers in lumber, &e., during the times mentioned in the complaint, and that the defendants were copartners in business in Buffalo, New York, and Toledo, Ohio, during the same period.. 2d. That during the year…
1Opinion of the Court
By the Court, Cardozo, J.
The referee has found, and upon evidence justifying it, that after the note was given, upon the settlement made, the defendants agreed that in case the shipment of black walnut lumber should prove,' on arrival, to contain less than 149,013 feet, at which amount it had been invoiced-by the defendants, the defendants would make good the deficiency. This agreement was subsequent to the settlement, which was made upon the basis of the invoice being correct, although it was at the same interview. The proof was admissible. (Stockwell v. Holmes, 33 N. Y. 53.) It clearly,…
2Cases cited1 opinion
- Stockwell v. . HolmesNew York Court of Appeals · 1865