Legal Opinion

M.H. Metal Products Corporation v. April

New York Court of Appeals

Decided May 28, 1929PublishedCited by 21 opinions

1Opinion of the CourtHubbs, J.

The defendant, by an instrument in writing, guaranteed the payment by the Four-In-One Jack Corporation to the plaintiff for twenty thousand jacks at eighty cents each. The guaranty reads as follows: “ I hereby guarantee the acceptance of and payment for the said twenty thousand (20,000) sets of jacks, if manu factured and delivered by you in accordance with the terms and conditions of the said contract.”

Thereafter the plaintiff manufactured and delivered fourteen hundred and seventy-seven jacks, which were accepted and paid for by the purchaser. Three thousand additional jacks were…

2Cases cited8 opinions

  1. Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
  2. Berkshire Cotton Manufacturing Co. v. CohenNew York Court of Appeals · 1923
  3. De Luka v. . GoodwinNew York Court of Appeals · 1894
  4. McAfee v. WyckoffNew York Supreme Court · 1904
  5. Procter & Gamble Co. v. Peters, White & Co.New York Court of Appeals · 1922

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3Cited by21 opinions

  1. Gem Corrugated Box Corporation v. National Kraft Container Corporation and St. Regis Paper CompanyCourt of Appeals for the Second Circuit · 1970
  2. Vogel v. ShawWyoming Supreme Court · 1930
  3. Philo Smith & Co., Inc. v. Uslife Corp.District Court, S.D. New York · 1976
  4. Lampasona v. CapriottiMassachusetts Supreme Judicial Court · 1936
  5. Buddman Distributors, Inc. v. Labatt Importers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

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