Majority
p. 563THE NEW CASTLE CHEMICAL WORKS, Plaintiff, v. THOMAS REED and CHARLES F. SANBORN, Defendants. Decided November 5, 1877. Before Curtis, Ch. J., Sanford and Freedman, JJ.
Headnote
Exceptions ordered to be heard at general term.Action founded on a refusal by defendants to accept goods shipped to them, as per contract. Plaintiff, having, upon due notice to the defendant, stored the goods, and subsequently sold them, brought this action to recover the difference between the net proceeds of such sale qf the goods, and the contract price thereof, being $434.96 in gold, and also the amount expended in and about the cartage, storage and preservation of said goods, being $65.48 in currency,
Evidence was given on both sides. In the course of the trial defendants excepted to various rulings, admitting, excluding, and refusing to strike out, evidence.
They also excepted to the denial of their motion, made at the close of plaintiff’s case, for a dismissal of the complaint. This motion was not renewed at- the close of the testimony on both sides.
The court directed a verdict for plaintiff for $482.71, in gold (being said sum of $434.96, and the interest thereon), and for $72.27, in currency (being said sum of $65 and interest). No exception was taken to this direction. The exceptions were ordered to be heard in the first instance at the general term.
Anderson & Man, attorneys, and Frederick H. Man, of counsel, for appellants.
p. 564
O. J. Wells, attorney, and of counsel, for respondents.
without writing an opinion, overruled the exceptions, and ordered judgment for the plaintiff on the verdict.