Joannes Bros. v. Lamborn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Arthur H. Lamborn and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of July, 1921, overruling defendants’ demurrer to the complaint and granting plaintiff’s motion for judgment on the pleadings with leave to defendants to withdraw the demurrer and serve an answer.
1Opinion of the Court
Page, J.:
The facts alleged in the complaint are as follows: On February 12, 1920, W: F. Childs & Co., Limited (hereinafter referred to as the Childs Company) duly agreed to sell and deliver to the plaintiff 5,000 bags of “ fine granulated sugar ” at fifteen and one-half cents per pound, free on board, at the refinery at Philadelphia, Penn., or New York, N. Y., delivery to be completed on receipt of goods by carrier, payment to be made by taking up sight drafts with bills of lading attached with exchange and interest, if any. For the purpose, among other things, of performing the contract with…
2Cases cited5 opinions
- Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873
- Insurance of Pennsylvania v. Park & Pollard Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Insurance Co. of the St. of Penn. v. . the Park PollardNew York Court of Appeals · 1920
- Portfolio v. RubinAppellate Division of the Supreme Court of the State of New York · 1921
- Madison Costume Co. v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by5 opinions
- Frymer v. BellAppellate Division of the Supreme Court of the State of New York · 1984
- Zahn v. Gulf Oil Corp.New York Supreme Court · 1953
- Kalnitzky v. GoldenAppellate Division of the Supreme Court of the State of New York · 1923
- American Union Bank v. GubelmanAppellate Division of the Supreme Court of the State of New York · 1925
- Joannes Bros. v. LambornAppellate Division of the Supreme Court of the State of New York · 1923