New York Supreme Court, 1893

Miller v. Benjamin

Miller v. Benjamin
New York Supreme Court · Decided February 13, 1893 · Pratt
21 N.Y.S. 1116; 51 N.Y. St. Rep. 750 (New York Supplement)

Counsel

Smith & White, (Albridge C. Smith, of counsel,) for appellants., Gwillim & Meyers, for respondents.

Miller v. Benjamin

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.