Legal Opinion
Downey v. Shipston
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 1923PublishedCited by 4 opinions
1Opinion of the Court
Davis, J.:
The action is to recover for the price of coal sold by Wabash Fuel Company, Inc., to defendant during the year 1920. The defense consists chiefly of counterclaims for damages for failure to deliver coal as agreed.
Since the action was begun the Wabash Fuel Company has been adjudged a bankrupt, and James Y. Downey became the trustee, but for clarity and brevity we will continue to speak of the corporation as the plaintiff.
The cause of action arose out of three contracts in writing made between the plaintiff and defendant on May 4, 1920. The plaintiff was a corporation recently…
2Cases cited11 opinions
- Cameron-Hawn Realty Co. v. . City of AlbanyNew York Court of Appeals · 1913
- Chicago, Milwaukee & St. Paul Railway Co. v. HoytSupreme Court of the United States · 1893
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- New York Central Iron Works Co. v. United States Radiator Co.New York Court of Appeals · 1903
- Maryland Dredging & Contracting Co. v. United StatesSupreme Court of the United States · 1916
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3Cited by4 opinions
- 407 East 61st Garage, Inc. v. Savoy Fifth Avenue Corp.New York Court of Appeals · 1968
- Lowe v. FeldmanNew York Supreme Court · 1957
- Allen v. New York City Transit AuthorityNew York Supreme Court · 1981
- Sassower v. BlumenfeldNew York Supreme Court · 2009