Moore v. American Molasses Co.
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendant, American Molasses Company of New York, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 28th day of February, 1917, denying defendant’s motion for a bill of particulars, and also from an ex parte order of a justice of the Supreme Court, entered in said clerk’s office on the 22d day of March, 1917, vacating and setting aside a prior order for the…
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Separate appeals by the defendant, American Molasses Company of New York, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 28th day of February, 1917, denying defendant’s motion for a bill of particulars, and also from an ex parte order of a justice of the Supreme Court, entered in said clerk’s office on the 22d day of March, 1917, vacating and setting aside a prior order for the examination of the plaintiff before trial.
1Opinion of the Court
Lyon, J.:
On May 1, 1915, the plaintiff and the defendant entered into a contract in writing, in continuation of contracts of previous years between the parties, by which the defendant undertook to supply the plaintiff, at specified prices, with all the molasses which he should require in his regular business of veterinarian and dealer in stable and dairy supplies for one year from that date, the same to be shipped f. o. b. New York as per purchaser’s orders. Up to February 12, 1916, the defendant had filled orders under the contract for 964 barrels which was 122 barrels more than the…
2Cases cited2 opinions
- New York Central Iron Works Co. v. United States Radiator Co.New York Court of Appeals · 1903
- Stewart v. StewartAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by8 opinions
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1931
- Asahel Wheeler Co. v. MendlesonAppellate Division of the Supreme Court of the State of New York · 1917
- William C. Atwater & Co. v. Terminal Coal Corp.District Court, D. Massachusetts · 1940
- In re ChasonNew York Supreme Court · 1937
- In re the Estate of BraloffAppellate Division of the Supreme Court of the State of New York · 1955
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