Schopflocher v. Essgee Co. of China, Inc.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Herman Schopfloeher, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance after the dismissal of the complaint at the close of the plaintiff’s case upon a trial before the court and a jury at the New York Trial Term, November, 1920.
1Opinion of the Court
Merrell, J.:
The action is brought by Herman Schopfloeher against The Essgee Co. of China, Inc., to recover damages for an *783alleged delay on the part of the defendant in delivering a large quantity of strawbraid purchased under a contract made on or about the 4th day of May, 1917. The contract in question, which was made in the city of New York, mentioned 621 Broadway, room 722, as defendant’s place of business, and, so far as material, reads as follows:
“ Original New York, TI. S. A., May 4th, 1917.
“ Sold to.
“ Mr. M. H. Steinfels “ 55 Mercer Street
“New York City.
“ Bought from The ' Essgee ’…
2Cases cited3 opinions
- Mee v. . McNiderNew York Court of Appeals · 1888
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- Miller & Sons Co. v. E. M. Sergeant Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by4 opinions
- Badhwar v. Colorado Fuel and Iron CorporationDistrict Court, S.D. New York · 1955
- Cerro De Pasco Copper Corp. v. Knut Knutsen O.A.SDistrict Court, S.D. New York · 1951
- George Carocopos, Inc. v. James Chieves & Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Portland Seed Co. v. HerbstNew York Supreme Court · 1932