Anthoine v. Coit
The Superior Court of New York City
This was was an action of assumpsit tried before Mr, Justice Hoffman, to recover the balance of the proceeds of a certain consignment of Brandy made by the plaintiffs to the defendant. For the facts of the case, the reader is referred to the opinion of the Chief Justice (where they are fully stated) and to the preceding marginal note.
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This was was an action of assumpsit tried before Mr, Justice Hoffman, to recover the balance of the proceeds of a certain consignment of Brandy made by the plaintiffs to the defendant. For the facts of the case, the reader is referred to the opinion of the Chief Justice (where they are fully stated) and to the preceding marginal note. Upon the trial of the cause, the jury having found a verdict in favor of the plaintiffs, a motion to set the verdict aside, and for a new trial, was made upon the grotmd of the admission of improper evidence by the Judge, and the same was now argued by Mr.…
1Opinion of the CourtJones, C. J.
This was a motion for a new trial, on the ground of the admission of illegal testimony, and the misdirection of the Judge to the jury.
The plaintiffs’ demand was for the surplus and balance of the nett proceeds of a consignment of brandy, shipped by them to the defendant, over and above the net proceeds of a consignment of cotton received by them from him, for sale for his account and risk, and sold by them.
The defence was, that the brandy was a remittance in anticipation of the proceeds of the sale of the cotton, to be reimbursed *44out of those proceeds, when the cotton should be sold ; and…
2Cited by4 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Snead v. CommonwealthSupreme Court of Virginia · 1924
- Waring v. United States Telegraph Co.New York Court of Common Pleas · 1872
- Clark v. BrooksNew York Court of Common Pleas · 1866