Appellate Terms of the Supreme Court of New York, 1905

Haverhill Box Board Co. v. Coy, Hunt & Co.

Haverhill Box Board Co. v. Coy, Hunt & Co.
Appellate Terms of the Supreme Court of New York · Decided November 24, 1905 · MacLean
95 N.Y.S. 1134 (New York Supplement)

Counsel

Robinson & Robinson, for appellant., James S. Lehmaier, for respondent.

Haverhill Box Board Co. v. Coy, Hunt & Co.

Opinion of the Court

MacLEAN, J.

Upon their admissions made at the trial, recovery for goods manufactured and delivered was properly awarded against the defendants, who, having the affirmative on their counterclaim for failure to fill certain other orders, by introducing depositions taken on plaintiff’s behalf of witnesses whom they specifically adopted as their own, offered sufficient to sustain the finding by the learned trial justice that such unfilled orders were accepted only conditionally. Judgment affirmed, with costs.

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