Hinde v. Smith
New York Supreme Court
This was an appeal by the defendants from a judgment against them, entered upon the report of a referee. The action was brought to recover the difference in the price of a quantity of whisky between the amount for which the same was sold by the defendant, and the price at which he was authorized to sell the same.
Read the full summary
This was an appeal by the defendants from a judgment against them, entered upon the report of a referee. The action was brought to recover the difference in the price of a quantity of whisky between the amount for which the same was sold by the defendant, and the price at which he was authorized to sell the same. It appeared from the evidence, as found by the referee, that the plaintiffs were engaged as copartners in the manufacture of whisky, at Cincinnati, Ohio, and the defendant as a commission merchant in New York city, receiving consignments of whisky for sale on commission: that the…
1Opinion of the CourtLeonard, J.
The witness, Drake, called to prove the ease on the part of the plaintiffs, testified uniformly and decidedly that the defendant was instructed to sell the Redman whisky at one dollar per gallon. On his direct and cross-examinatian, and again on being recalled, he attempted to fix the date when such instructions were given at different periods; and, on one occasion, apparently, he stated the time inconsistently with the date when the whisky was delivered; and further, denied that he had given such evidence on his first examination in chief as he had in fact given. It is urged by the defendant…
2Cited by4 opinions
- Pugh v. Porter Bros. Co.California Supreme Court · 1897
- Rollins v. DuffyAppellate Court of Illinois · 1886
- Mueller v. Staples & Son Fruit Co.Court of Appeals of Washington · 1980
- Sinnette v. HoddickSuperior Court of Buffalo · 1894