Atlantic Communication Co. v. Zimmermann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Atlantic Communication Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 12th day of November, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearkt, J.:
The complaint alleges an agreement whereby the defendants undertook on or about April 2, 1917, to transmit immediately by wireless and pay through one of their correspondents to a designated party at Berlin, Germany, within a reasonable time, which was fixed at about eight days, the equivalent of $45,625 at the agreed exchange rate of seventy-three, namely, the amount of 250,000 marks, and that on or about said date the plaintiff, relying thereupon, paid the defendants the sum of $45,625 and that the defendants failed to transmit the said amount and refused to return the $45,625.…
2Cited by11 opinions
- Legniti v. Mechanics & Metals National BankNew York Court of Appeals · 1921
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Scheibe v. ZaroAppellate Division of the Supreme Court of the State of New York · 1922
- Cechanowicz v. Highland Park State BankMichigan Supreme Court · 1923
- Chemical National Bank v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1922
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