Tobias v. . Lissberger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the October Term, 1884, which affirmed a judgment in favor of plaintiffs entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the October Term, 1884, which affirmed a judgment in favor of plaintiffs entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. A fair interpretation imports that the goods should be gotten promptly without the port of shipment, and that they should become extra European before the obligation of promptness could be dispensed with. (Snyder v. Ins.…
1Opinion of the CourtDanforth, J.
This action is for not accepting certain goods according to a contract made through brokers in these words:
“Hew York, Feb. 2d, 1881.
u Sold to Mr. L. Lissberger, Hew York. For account Messrs.
O. Tobias & Go., Hew York.
“ About one hundred (100) tons old iron vignol rails, for prompt shipment by sail from Europe, and for delivery on dock at the port of Hew York (dangers of the sea excepted), at twenty-eight (28) dollars per ton of 2,240 lbs. weight, as per United States weighmaster’s return. Terms of settlement as follows: Eighty (80) per cent cash, payable when rails are landed on dock, and…
2Cases cited1 opinion
- Newhall v. VargasSupreme Judicial Court of Maine · 1836
3Cited by23 opinions
- Mora Y Ledon v. . HavemeyerNew York Court of Appeals · 1890
- Richmond Leather Manufacturing Co. v. FawcettSupreme Court of Virginia · 1921
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
- Boston Lumber Co. v. Pendleton Brothers, Inc.Supreme Court of Connecticut · 1925
- Hawkins v. StuddardSupreme Court of Georgia · 1911
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