Standard Milling Co. v. de Pass
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eliot A. de Pass and others, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 23d day of September, 1912, setting aside the verdict of a jury in favor of the defendants and granting a new trial.
1Opinion of the Court
McLaughlin, J.:
Action to recover a portion of the purchase price of 3,000 pockets of rice sold by plaintiff, a Louisiana corporation, to defendants, who were copartners doing business under the name of A. S. Lascelles & Co. The contract under which the rice was sold was made in New York through the brokerage firm of A. P. Topping & Co., acting on behalf of plaintiff. It was evidenced by a bought and sold note, reading as follows:
“New York, April 25, 1908.
“ Sold for account of Bayou City Eice Mills.
“ To Mess. A. S. Lascelles & Co.
“Marks Barrels. Pockets.
“ »157 3000 Eice at per lb. P. O. B.
Houst…
2Cases cited7 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Day v. . PoolNew York Court of Appeals · 1873
- Filkins v. . WhylandNew York Court of Appeals · 1862
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
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3Cited by3 opinions
- Jarrett v. J. Staum & Sons Co.Court of Appeals of Maryland · 1921
- American Aniline Products, Inc. v. Mitsui & Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Colt v. A. T. Demarest & Co.Appellate Division of the Supreme Court of the State of New York · 1913