Hong Kong & Shanghai Banking Corp. v. Cooper
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 1, 1886, which affirmed a judgment in favor of defendant, entered upon the report of a referee. In 1883 the firm of Martin, Dyce & Co. carried on a mercantile business at Manilla, in the Philippine Islands, and the firm of Martin, Turner & Co., composed of the same persons, carried on a banking business at Glasgow, Scotland.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 1, 1886, which affirmed a judgment in favor of defendant, entered upon the report of a referee. In 1883 the firm of Martin, Dyce & Co. carried on a mercantile business at Manilla, in the Philippine Islands, and the firm of Martin, Turner & Co., composed of the same persons, carried on a banking business at Glasgow, Scotland. In September of that year the defendant, a commission merchant in Mew York and the agent of said firms, sold four thousand bales of hemp, “to…
1Opinion of the CourtVann, J.
The question presented for decision by the written agreement of the parties, as well as by their pleadings, is whether the defendant hád the right, as against the plainvbiff, “ to deliver to the purchasers of said hemp, under the contracts aforesaid, other hemp than that received from Martin, Dyce & Co. or Martin, Turner & Co. from Manilla, to wit, hemp not- received by the said ship Polynesian, but purchased by” the defendant “in the New York market at some time after the said bankmptcy of the said Martin, Turner & Co., and after the 1st of March, 1884; or whether, on the other hand, the…
2Cases cited2 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Cooper v. Hong Kong & Shanghai Banking Corp.New York Court of Appeals · 1887
3Cited by7 opinions
- Pines v. BeckNew York Court of Appeals · 1949
- Gitler v. Russian Company for Sea, River & Land InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Smith v. BarnesThe Superior Court of the City of New York and Buffalo · 1894
- Bleakley v. . SullivanNew York Court of Appeals · 1893
- Claims of Di Donato v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1930
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