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Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 29 downloadPDF, EPUB, MOBI

Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 29. New York Court of Appeals

Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 29
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Author: New York Court of Appeals
Number of Pages: 228 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130956795
Download Link: Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 29
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 Excerpt: ...wherefore Opinion of Wright, J. the plaintiffs asked judgment against the defendant for $300. The cause came on for trial before Justice Allen, and a jury, at a circuit court, held in the county of Onondaga, on 8th November, 1858. The case was stated to the court and jury by the counsel for the plaintiffs, substantially as was set forth in the plaintiffs' complaint. The defendant's counsel objected to the sufficiency of the complaint to maintain the action, for the reason that it did not appear that the plaintiffs, on discovering the condition of the tobacco, had offered to return it, or notified the defendant of its condition, and he moved for a non-suit on that account, and because the plaintiffs' counsel did not state in the opening that the plaintiffs had notified the defendant of the defects of the tobacco, or had offered to return it. The plaintiffs' counsel insisted that it was not necessary to show such notification, or to return or offer to return the tobacco, to entitle the plaintiffs to their action for the breach of contract as claimed in their complaint; and thereupon also admitted that they had no evidence that they had returned or had offered to return to the defendant the tobacco, or had notified him of its condition, with a request to him to take it back after they discovered its condition. Whereupon the court granted a non-suit on the objection taken by the defendant's counsel, to which ruling and decision the plaintiffs' counsel excepted. Judgment dismissing the complaint being entered, with costs against the plaintiffs, an appeal was brought therefrom to the general term of the supreme court, where the same was affirmed. The plaintiffs then appealed to this court. Wright, J. The action was for the breach of a contract to sell and deliver...

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