Britton v. . Ferrin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 28, 1900, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 28, 1900, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The plaintiff alleged in his complaint that he delivered to the defendants, who were commission merchants in the city of Buffalo, two carloads of apples and a carload of apples and onions, which were the property of the plaintiff, and employed the defendants to sell the same upon commission ; that they were sold by the defendants…
1Opinion of the CourtMartin, J.
That the defendants were commission merchants to whom the plaintiff shipped three carloads of fruit and onions to be sold by them on commission, which they sold, the proceeds netting $742.72, was plainly established and is not denied. The plaintiff demanded this sum of the defendants, which they refused to pay. The only manner in which they sought to defeat or diminish the plaintiff’s' recovery therefor was by means of a counterclaim based on an account or debt they purchased against him, amounting to nearly that sum. The trial court held that such a counterclaim could not be allowed in this…
2Cases cited11 opinions
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Murray v. . BeardNew York Court of Appeals · 1886
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Van Horne v. FondaNew York Court of Chancery · 1821
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
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3Cited by36 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Doris Filner v. Samuel Shapiro and Southwestern Alloys CorporationCourt of Appeals for the Second Circuit · 1980
- Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
- CBS, Inc. v. AhernDistrict Court, S.D. New York · 1985
- Autoville, Inc. v. FriedmanCourt of Appeals of Arizona · 1973
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