Brady v. . Cassidy
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of blew York, entered upon an order made June 5, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of blew York, entered upon an order made June 5, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the trial court to refuse to instruct the jury that the plain meaning of the contract was that all the goods in the premises were sold ; that the words “ goods on hand ” meant goods physically in the premises at…
1Opinion of the CourtPeckham, J.
This action is brought by the executrix and the executor of the will of Alfred Brady, deceased, against the defendants to recover from them the contract price of certain articles alleged to have been sold by the plaintiffs to them in 1883. Alfred Brady, prior to his decease in January, 1883, had carried on the business of making and selling plumbers’ castings at a foundry and warerooms in blew York city. After his death the executrix and executor determined to sell the plant and also the materials on hand at the time. They effected a contract with the defendants by which the latter purchased…
2Cases cited2 opinions
- Avery v. . WillsonNew York Court of Appeals · 1880
- Brady v. . CassidyNew York Court of Appeals · 1887
3Cited by19 opinions
- Fairbanks, Morse & Co. v. NelsonCourt of Appeals for the Ninth Circuit · 1914
- Wagner v. G. Gaudig & Blum Corp.Appellate Division of the Supreme Court of the State of New York · 1928
- United States ex rel. Hudson River Stone Supply Co. v. MolloyCourt of Appeals for the Second Circuit · 1906
- Boschen v. Multicolor Sales Co.Appellate Terms of the Supreme Court of New York · 1917
- Goodyear Tire & Rubber Co. v. Vulcanized Products Co.New York Court of Appeals · 1920
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