Materne v. . Horwitz
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made at the February Term, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. (Reported below, 18 J". & S. 41.) This action was brought to recover the contract price for four hundred cases of sardines. The following facts appeared. The plaintiffs and defendants were wholesale dealers in sardines.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made at the February Term, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. (Reported below, 18 J". & S. 41.) This action was brought to recover the contract price for four hundred cases of sardines. The following facts appeared. The plaintiffs and defendants were wholesale dealers in sardines. They entered into a written agreement by which the former were to sell and the latter to buy four hundred cases of “ domestic…
1Opinion of the CourtMiller, J.
It must be assumed, we think, that the defendants knew when the agreement was made that they intended to purchase sardines of the kind that were tendered to them, and that the plaintiffs understood that the defendants knew it. It is also inferrable that the defendants entered into the agreement, to the knowledge of the plaintiffs, for the purpose of selling the goods to others in the condition in which they were when delivered. It is also evident that the labels were used to deceive the consumers and not the contractors, and to obtain higher prices for the sardines. The plaintiffs procured…
2Cited by16 opinions
- Church v. ProctorCourt of Appeals for the First Circuit · 1895
- Luhrig Coal Co. v. Jones & Adams Co.Court of Appeals for the Sixth Circuit · 1905
- Logan v. Fidelity-Phenix Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1914
- Benson v. Georgian Co.Court of Appeals of Georgia · 1917
- Fellner v. MarinoCity of New York Municipal Court · 1956
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