Rice, Barton & Fales Machine & Iron Co. v. Hoffman-Youmans Paper Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hoffman-Youmans Paper Mills, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 11th day of December, 1912, upon the report of a referee appointed to hear and determine the issues.
1Dissent
Foote, J. (dissenting):
The action is upon a promissory note for $3,000, dated June 1, 1911, made by defendant to plaintiff in renewal of a prior note for the same amount given to provide for the payment in part of the purchase price of a cylinder paper machine manufactured by plaintiff at Worcester, Mass., and delivered to defendant at its place of business at Baldwinsville, N. Y., at the agreed price of $12,750.
The controversy in the case arises over the delay in the delivery of this machine, which was several months later than the contract date of delivery. There is also a further question…
2Cases cited17 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Dunn v. . SteubingNew York Court of Appeals · 1890
- Industrial Works v. MitchellMichigan Supreme Court · 1897
- General Electric Co. v. National Contracting Co.New York Court of Appeals · 1904
- Redlands Orange Growers' Ass'n v. GormanSupreme Court of Missouri · 1901
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