Whelan v. Lynch
New York Supreme Court
THIS is an appeal by the defendant, from a judgment rendered on the verdict of a jury against the defendant, on a trial at the circuit, and also an appeal, by him, from an order denying a motion for a new trial, made upon the judge’s minutes, upon exceptions taken at the trial, and for insufficient evidence and excessive damages.
1Opinion of the Court
By the Court, Ihgbaham, P. J.
This action was brought to recover the value of twenty-one bales of wool sent to the defendants to be sold on account of the plaintiff, on which they made advances. Orders were given to sell the same, which were not complied with, and the plaintiff abandoned the wool to the defendants and claims to recover the value.
A motion was made, to dismiss the complaint, because there was not sufficient evidence to prove the weight, or the grade of the wool; which motion was denied. ¡Neither of these defects in the proof destroyed the cause of action. There was proof…
2Cases cited4 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Levin v. . RussellNew York Court of Appeals · 1870
- Romaine v. . Van AllenNew York Court of Appeals · 1863
- Scott v. . RogersNew York Court of Appeals · 1864
3Cited by1 opinion
- Allen v. . McConiheNew York Court of Appeals · 1891