Legal Opinion

Franklin Coal Co. v. Hicks

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1899Published

Appeal from trial term, Steuben county. Action by the Franklin Coal Company against Frank Hicks. From a judgment for plaintiff, and an order denying a motion for new trial, defendant appeals. Affirmed.

1Opinion of the CourtSpring, J.

The plaintiff is a corporation dealing in coal, with its principal place of business in Buffalo. In 1896, and prior thereto, the husband of the defendant was a retail coal dealer in Hornellsville, in this state. This action is brought to, recover for several car loads of coal which the plaintiff claims were sold directly to the defendant. It seems that the plaintiff had sold á small quantity of coal to the husband of defendant, and in the early winter of 1895-96 Mr. Meagley, the agent of plaintiff, went to Hornellsville, with a view of making sales. He testified that he had learned that Mr. *876Hi…

2Cases cited10 opinions

  1. Crane v. . PowellNew York Court of Appeals · 1893
  2. Matthews v. . MatthewsNew York Court of Appeals · 1897
  3. Morss v. SherrillNew York Supreme Court · 1871
  4. Foster v. . PerschNew York Court of Appeals · 1877
  5. Honsinger v. MulfordNew York Supreme Court · 1895

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