Welch, Holmes & Clark Co. v. Central Chandelier Co.

Appellate Terms of the Supreme Court of New York

Welch, Holmes & Clark Co. v. Central Chandelier Co.

140 N.Y.S. 377

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 7, 1913

StatusPublished

This text of 140 N.Y.S. 377 (Welch, Holmes & Clark Co. v. Central Chandelier Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Welch, Holmes & Clark Co. v. Central Chandelier Co., 140 N.Y.S. 377 (N.Y. Ct. App. 1913).

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Opinion

PER CURIAM.

This is an action to recover for the purchase price of stearic acid alleged to have been sold and delivered to defendant. There was not sufficient evidence as to the amount of goods delivered. The witness called by plaintiff to prove this delivery, it being conceded that seven bags were delivered, said that the bags some-, times weighed 100 and sometimes 200 pounds. He testified that he did not see the bags when they were shipped, and was evidently testifying from knowledge received from his delivery clerk.

The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

This is an action to recover for the purchase price of stearic acid alleged to have been sold and delivered to defendant. There was not sufficient evidence as to the amount of goods delivered. The witness called by plaintiff to prove this delivery, it being conceded that seven bags were delivered, said that the bags some-, times weighed 100 and sometimes 200 pounds. He testified that he did not see the bags when they were shipped, and was evidently testifying from knowledge received from his delivery clerk.

The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

140 N.Y.S. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welch-holmes-clark-co-v-central-chandelier-co-nyappterm-1913.