Hallwood Cash Register Co. v. Finnegan
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by the Hallwood Cash Register Company against Michael J. Finnegan. Judgment for plaintiff, and defendant appeals. Reversed.
1Opinion of the Court
MacLEAN, J..
The defendant, by writing dated March 4, 1903, ordered one Total-Adding Register of the plaintiff, upon terms therein stated, and expressly agreed that “this order shall not be countermanded.” Whether the order was sent by mail, or handed to a representative of the plaintiff, empowered to or who did accept it on its behalf, does not appear; and so there is no evidence of acceptance of the order earlier than March1 9th, when the plaintiff tendered delivery of the machine, and March 12th, when by letter it acknowledged the receipt of the order. Prior thereto, and March 7th, the…
2Cases cited1 opinion
- Ideal Cash Register Co. v. ZuninoNew York Supreme Court · 1902
3Cited by3 opinions
- J. L. Owens Co. v. BemisNorth Dakota Supreme Court · 1911
- Cary v. AppoAppellate Terms of the Supreme Court of New York · 1903
- Moneyweight Scale Co. v. LoewensteinAppellate Terms of the Supreme Court of New York · 1907