Legal Opinion

In Re Independent Coal Corporation

Court of Appeals for the Second Circuit

Decided March 7, 1927No. 181PublishedCited by 5 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). The sale is evidenced by a written contract, in the main a printed form, signed by Empire Company’s New York agent (its main office being in Philadelphia) and Independent Company’s treasurer. Agreement was that coal should “be delivered f. a. s. (free alongside), t. i. b. (trimmed in buckets), and f. o. b. (free on board) * * * around October 5,” 1925, the larger part at Port Reading and the rest at South Amboy. The printed conditions of sale are explicit that “coal delivered on board * * * boats * * * is to be in all respects at purchaser’s risk”; that the…

2Cases cited4 opinions

  1. Donaldson v. FarwellSupreme Court of the United States · 1876
  2. Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
  3. In re New York Commercial Co.Court of Appeals for the Second Circuit · 1915
  4. Marion Mach. Foundry & Supply Co. v. GirandCourt of Appeals for the Fifth Circuit · 1922

3Cited by5 opinions

  1. Manly v. Ohio Shoe Co.Court of Appeals for the Fourth Circuit · 1928
  2. California Conserving Co. v. D'AVANZOCourt of Appeals for the Second Circuit · 1933
  3. In re A. C. Kelly & Co.District Court, S.D. New York · 1933
  4. Sternberg v. American Snuff Co.Court of Appeals for the Eighth Circuit · 1934
  5. Irving Trust Co. v. Bank of America Nat. Ass'nDistrict Court, S.D. New York · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API