Napier v. Spielmann
Appellate Division of the Supreme Court of the State of New York
Appeal 'by the plaintiffs, Thomas S. Napier and another, individually, etc., from a judgment of - the-Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 10th day of December, 1907, upon the dismissal of the complaint - by direction of the court at the close of the plaintiffs’ case upon a trial at the New York Trial Term.
1Opinion of the Court
Houghton, J.:
The. plaintiff Napier, having control of the output of certain silk mills, and having experience in the marketing of such product, entered into • a contract with tire defendants Spielmann & Go., the material provisions of which were that the manufactured silks should be, exclusively consigned to Spielmann & Co., who should advance to the manufacturers on consignment two-thirds of their net market value, which goods Napier was to sell, paying all expenses.for traveling salesmen and all handling charges. Such goods as should be sold were to be billed to customers in the name of…
2Cases cited2 opinions
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Presby v. . BenjaminNew York Court of Appeals · 1902
3Cited by14 opinions
- Connolly v. MedalieCourt of Appeals for the Second Circuit · 1932
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- P & A Bros. v. City of New York Department of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 1992
- Miller v. MaustNebraska Supreme Court · 1935
- 110-45 Queens Blvd. Garage, Inc. v. Park Briar Owners, Inc.Appellate Terms of the Supreme Court of New York · 1998
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