Woolner v. . Hill
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 5, 1881, which affirmed a judgment in favor of defendants, entered upon ah order dismissing plaintiffs’ complaint on trial.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 5, 1881, which affirmed a judgment in favor of defendants, entered upon ah order dismissing plaintiffs’ complaint on trial. (Reported below, 15 J. & S. 470.) This action was brought to recover damages for the alleged breach of a contract for the delivery, by the firm of Hill, Cunningham & Co., composed of defendants, to Woolner Brothers, plaintiffs’ firm, of a quantity of alcohol. ■ . The contract was as follows: “ New York, Sept. 19, 1879. Sold for account of Messrs.…
1Opinion of the CourtMiller, J.
The most material questions in this case are whether it was the duty of the vendee to inform the vendor of the name of the vessel and at what place the vendee would be ready to receive the alcohol, which the vendor had contracted to deliver, and whether it was necessary for the vendee to tender the price of the alcohol to the vendor before delivery.
By the contract between the parties the alcohol was to be de livered alongside of the buyer’s vessel at the rate of five hundred barrels per month from November to April inclusive, sellers’ option, cash on delivery free of expense to buyers,…
2Cases cited3 opinions
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- Holmes v. . HolmesNew York Court of Appeals · 1854
- Vail and Adams v. . RiceNew York Court of Appeals · 1851
3Cited by15 opinions
- People v. . MorseNew York Court of Appeals · 1909
- Drake v. HodgsonAppellate Division of the Supreme Court of the State of New York · 1920
- Brakarsh v. BrownNew York Supreme Court · 1937
- Browne v. . PatersonNew York Court of Appeals · 1901
- Hooper v. BeecherNew York Supreme Court · 1891
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