Miller v. Benjamin

New York Supreme Court

Miller v. Benjamin

21 N.Y.S. 1116, 51 N.Y. St. Rep. 750

DecidedFebruary 13, 1893

StatusPublished

This text of 21 N.Y.S. 1116 (Miller v. Benjamin) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Benjamin, 21 N.Y.S. 1116, 51 N.Y. St. Rep. 750 (N.Y. Super. Ct. 1893).

Pincite

Opinion

PRATT, J.

The testimony would warrant the jury in believing that the mistakes alleged in delivery of goods, if they existed, were trifling in number and amount; that the plaintiffs stood ready to correct them; and that defendants seized upon them as pretexts to avoid a contract whose execution would result in loss. The-charge of the court correctly stated the law. The verdict was justified by the evidence.

Judgment affirmed, with costs. All concur.

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PRATT, J.

The testimony would warrant the jury in believing that the mistakes alleged in delivery of goods, if they existed, were trifling in number and amount; that the plaintiffs stood ready to correct them; and that defendants seized upon them as pretexts to avoid a contract whose execution would result in loss. The-charge of the court correctly stated the law. The verdict was justified by the evidence.

Judgment affirmed, with costs. All concur.

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Bluebook (online)

21 N.Y.S. 1116, 51 N.Y. St. Rep. 750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-benjamin-nysupct-1893.