Jones v. Newton
New York Supreme Court
Appeal from circuit court, New York county. Action by Benjamin W. Jones against Henry J. Newton. From a judgment entered on a verdict directed in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBarrett, J.
Upon the uncontradicted testimony in this case, a verdict was properly directed for the plaintiff. The goods were delivered to Van Gelder upon the defendant’s original undertaking. Credit was given solely to the defendant, and the goods were charged to him. The goods were sold in the year 1891. The course of dealing between the parties was as follows: Upon the delivery of the goods to Van Gelder, the latter receipted therefor. A bill was then made out to Newton. This bill (accompanied with Van Gelder’s receipt) was sent to Newton, who wrote across its face: ‘Tayment guarantied. H. J. Newton.”…
2Cases cited6 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Brown v. . CurtissNew York Court of Appeals · 1849
- Cardell v. . McNielNew York Court of Appeals · 1860
- Caspar v. O'BrienThe Superior Court of New York City · 1873
- Fowler v. ClearwaterNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pandora Industries, Inc. v. Paramount Communications Inc. (In Re Wingspread Corp.)District Court, S.D. New York · 1992
- Pathe Exchange, Inc. v. Bray Pictures Corp.Appellate Division of the Supreme Court of the State of New York · 1931