John F. Trainor Co. v. G. Amsinck & Co.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, The John F. Trainor Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of January, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of January, 1921, denying plaintiff’s motion to set aside the verdict and for a new trial made upon the minutes.
1Dissent
Smith, J. (dissenting):
The plaintiff’s action is brought upon the following contract:
*700“ The John F. Trainor Company “ Commission Merchants “ Cotton Yarns
“ 291 Broadway New York
“ No. 1733 “ Order 9758
“ G. Amsinck & Company, "Req
“ 90 Wall Street, New York City:
“ Gentlemen.— We enter your order as follows:
“ Quantity 29000 pounds
“ Description 8 /!' soft twist
54" 2½ to 3 oz. skeins MARK: C. I. D. B. A.
Buenos Aires No. 1/Up 65fi lb.
3% 10 days from B /L F. O. B. mill. Frt. prepaid.
Deliveries Beginning September, sooner if possible.
This delivery is subject to delays over which we have no control.
“…
2Cases cited5 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Pierson & Co. v. American Steel Export Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Chemung Iron & Steel Co. v. HornAppellate Terms of the Supreme Court of New York · 1921