Butler v. . Butler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the.third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff could not recover, because there was no delivery.
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Appeal from judgment of the General Term of the Supreme Court, in the.third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff could not recover, because there was no delivery. (Ward v. Shaw, 7 Wend., 407; Tompkins v. Dudley, 25 N. Y., 272; Hatter-line v. Rice, 62 Barb., 593; Tripp v. Armitage, 14 M. & W., 687; Johnson v. Hunt, 11 Wend., 136; Andrews v. Durant, 11 N. Y., 35; Merrell v. Johnson, 7 J. R., 473; Gregory v. Stryker, 2 Denio, 628; De…
1Opinion of the CourtDanforth, J.
The plaintiff submitted a proposition in writing to the defendant and it was in like manner accepted. By it the plaintiff said : “I propose to furnish you, for your hotel in Luzerne, Y. Y., one of Butler’s Gas Generators and Holders. * * * The holder to be of sufficient capacity to contain fifteen hundred cubic feet of gas. To furnish all pipes to connect the generator with the holder, and the holder with the main pipe leading to the hotel; all weights and chains, sheaves and pulleys to support and balance the holder. All labor for putting up and setting the retorts, and hanging the holder,…
2Cases cited5 opinions
- Andrews v. . DurantNew York Court of Appeals · 1854
- Hosmer v. WilsonMichigan Supreme Court · 1859
- Ward v. ShawNew York Supreme Court · 1831
- Andrew v. DieterichNew York Supreme Court · 1835
- Decker v. . FurnissNew York Court of Appeals · 1856
3Cited by22 opinions
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Davis v. BronsonNorth Dakota Supreme Court · 1891
- Hequembourg v. City of DunkirkNew York Supreme Court · 1888
- Herring-Marvin Co. v. SmithOregon Supreme Court · 1903
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