Harper v. Hochstim
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by J. Ralph Harper and another, copartners doing business as Ralph Harper & Co., against Adolph Hochstim and another, copart-ners doing business as Hochstim & Bossalc. Judgment for defendants on demurrer, and plaintiffs bring error.
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In Error to the District Court of the United States for the Southern District of New York. Action by J. Ralph Harper and another, copartners doing business as Ralph Harper & Co., against Adolph Hochstim and another, copart-ners doing business as Hochstim & Bossalc. Judgment for defendants on demurrer, and plaintiffs bring error. The parties hereto entered into a contract evidenced by a document, whereof the material parts are as follows (the italicized portion being written, and tho rest a printed form): “New York, February 16, 1920. According to this convention, written and signed in…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The allegation of custom, or, properly speaking, of usage (Eames v. Claflin, 239 Fed. 631, 152 C. C. A. 465), need not be considered; for, if plaintiff did not tender what he agreed to sell, the manner of his shipment is of no importance. The only question in the case is as to the nature of the contract admittedly made. '
[1] If that contract is for what is now widely known as a “sale c. i. f.,” such sale was by specific agreement to be accomplished or executed by the delivery of documents by vendor to vendee, and not by the physical delivery of the actual…
2Cases cited12 opinions
- Thames & Mersey Marine Insurance v. United StatesSupreme Court of the United States · 1915
- Thomas v. TaggartSupreme Court of the United States · 1908
- Hooper v. RobinsonSupreme Court of the United States · 1879
- Rushing v. Manhattan Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1915
- Morrill & Whiton Construction Co. v. City of BostonMassachusetts Supreme Judicial Court · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pillsbury Flour Mills Co. v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Old Colony Trust Co. v. Lawyers' Title & Trust Co.Court of Appeals for the Second Circuit · 1924
- Pan-American Bank & Trust Co. v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1925
- International Banking Corp. v. Irving Nat. BankCourt of Appeals for the Second Circuit · 1922
- Blumenthal Import Corp. v. Den Norske Amerikalinje A/SCourt of Appeals for the Second Circuit · 1940
18 more not listed; retrieve them via the Exa API.