Devlin v. Crary — 8 N.Y. Sup. Ct. 489

Majority

p. 489

JOHN DEVLIN, Respondent, v. GEORGE D. CRARY and others, Appellants.

Headnote

Sale—Delivery.

This action was brought to recover the price of certain whiskey, sold and delivered by the plaintiff to the defendant.

The defendants disputed the price, denied that the delivery was complete, and alleged that the goods were seized by the United States Government, by reason

p. 490

of certain unlawful acts of the plaintiff. The action was referred, and the referee found that the sale and delivery were complete, and determined the value of the goods. Held, that “the evidence fully sustained the referee in his finding,” and “ that without proof that the whiskey was seized by the United States Government for the plaintiff’s acts, or his omissions to act, the defendant was liable,”

Appeal from a judgment in favor of the plaintiff, entered on the report of a referee.

De Witt & Johnson, for the plaintiff.

E. T. Wood, for the defendant.

Opinion by Babnabd, P. J.

Present—Babnabd, P. J., Tappen and Taloott, JJ.

Judgment affirmed, with costs.