Smith v. Coe
Appellate Division of the Supreme Court of the State of New York
Motion • by the defendants, Edward P. Coe and another, composing the copartnership of Cadenas & Coe, for a new trial upon a case containing exceptions, ordered to he heard at the Appellate Division in the first instance upon the. verdict of a jury rendered by direction of the court after a trial at the Hew York Trial Term. The action was brought to recover $13,300 for goods delivered under a contract.
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Motion • by the defendants, Edward P. Coe and another, composing the copartnership of Cadenas & Coe, for a new trial upon a case containing exceptions, ordered to he heard at the Appellate Division in the first instance upon the. verdict of a jury rendered by direction of the court after a trial at the Hew York Trial Term. The action was brought to recover $13,300 for goods delivered under a contract. The complaint states that the plaintiff was appointed receiver of the Worcester Cycle Company in 1897, and alleges two causes of action : First, that the receiver on or about February 10,1898,…
1Opinion of the Court
O’Beien, J.:
That the bicycles were manufactured and delivered under some kind of binding contract, with ascertained'terms and definite obliga*588tions, appears from, the pleadings and the proof. The answer admits that the defendants entered into an agreement with the plaintiff whereby the goods mentioned in both causes of action were to be manufactured and delivered; and the conditions and stipulations of this contract are to be gathered from the correspondence between the parties.
The first exception we are called upon to consider relates to the rejection by the trial judge of part of the…
2Cases cited5 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Norton v. . DreyfussNew York Court of Appeals · 1887
- Studer v. . BleisteinNew York Court of Appeals · 1889
- Mason v. . SmithNew York Court of Appeals · 1892
3Cited by5 opinions
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
- Hardt v. Western Electric Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Lowenberg Co. v. BlockAppellate Terms of the Supreme Court of New York · 1913
- Baylis v. WeibezahlNew York Supreme Court · 1903
- Ideal Wrench Co. v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904