Legal Opinion

Kelso v. Marshall

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897PublishedCited by 7 opinions

Appeal by the plaintiff, Walter I. Kelso, as receiver of The Monarch Cigarette Company, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 26th day of May, 1897, upon the report of a referee, as awards nominal damages to plaintiff and costs to defendant.

1Opinion of the Court

Patterson, J.:

This action was brought to recover damages for the breach of a contract originally made in April, 1895, between the defendant and the plaintiff, by which the defendant agreed to purchase and pay for cigarettes to be manufactured by the plaintiff. The agreement was subsequently modified, and by that modification the defendant stipulated to receive and pay for 50,000 cigarettes on the fourth Monday of each month, from June, 1895, to April, 1896, inclusive. On the 17th of October, 1895, the defendant refused to accept any further deliveries under the contract, and placed his…

2Cases cited1 opinion

  1. Todd v. . GambleNew York Court of Appeals · 1896

3Cited by7 opinions

  1. Worrell v. Kinnear Manufacturing Co.Supreme Court of Virginia · 1905
  2. National Cash Register Co. v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1900
  3. Belle of Bourbon Co. v. LefflerAppellate Division of the Supreme Court of the State of New York · 1903
  4. A. Lenobel, Inc. v. SenifAppellate Division of the Supreme Court of the State of New York · 1937
  5. Isaacs v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1908

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