Levy v. Burgess
The Superior Court of New York City
The action was to recover damages for the nonperformance by the defendant of the following contract: “ $20,000. “ LTew York, Aug. 28, 1872. “ I have bought of Levy & Borg, twenty thousand dollars of Alabama and Chattanooga, first mortgage, eight per cent, bonds indorsed by the State of Alabama,, numbers to run below four thousand, July, 1872, coupons on, at eighty and a half cents on the dollar, payable and deliverable in thirty days from date ‘flat,’ with interest at the…
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The action was to recover damages for the nonperformance by the defendant of the following contract: “ $20,000. “ LTew York, Aug. 28, 1872. “ I have bought of Levy & Borg, twenty thousand dollars of Alabama and Chattanooga, first mortgage, eight per cent, bonds indorsed by the State of Alabama,, numbers to run below four thousand, July, 1872, coupons on, at eighty and a half cents on the dollar, payable and deliverable in thirty days from date ‘flat,’ with interest at the rate of per cent, per annum, each party having the right to call for deposits of ten percent. during the pendency of this…
1Opinion of the Court
By the Court, Monell, Ch. J.
There being neither hour nor place specified in the contract for the delivery of the bonds, the sellers had the whole of the *436last day—unless the time was limited by the subsequent agreement of the parties ; and a tender of delivery at the plaintiffs’ place would have been sufficient. But the evidence shows that the parties subsequently agreed to the hour of twelve o’clock as the time, but which was afterwards extended to a quarter past two o’clock, and the office of Messerole & Trumbull as the place of deliv - ery ; and the question which is chiefly involved is the…
2Cases cited1 opinion
- Cary v. ThompsonNew York Court of Common Pleas · 1860