Washburn v. Rainier Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry J. Washburn, from an order of the Supreme Court, made at the Hew York Trial Term and entered in the office of the clerk of the county of Hew Yoik on the 17th day of October, 1907, setting aside the verdict of a jury in favor of the plaintiff and directing a new trial of the action.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, on the 29th of June, 1905, purchased from the defendant a second-hand automobile for $825. One Haines acted for the defendant in making the sale, which took place at defendant’s office.
According to the plaintiff’s contention the car was to be delivered to him by defendants Greenwich, Conn. After three unsuccessful attempts to get the car there the plaintiff ' demanded the return of his $825, which was refused, and thereupon this action was brought to recover the same. Plaintiff had a verdict for the amount claimed, which, upon motion of the defendant, was set…
2Cited by4 opinions
- Fliker v. State BankCity of New York Municipal Court · 1916
- M. Ufland & Co. v. McMahonAppellate Division of the Supreme Court of the State of New York · 1926
- Gilmore v. ButtsAppellate Division of the Supreme Court of the State of New York · 1921
- Sharlette v. Lake Placid Co.Appellate Division of the Supreme Court of the State of New York · 1921