Heinemann v. . Heard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of defendants entered upon an order of the court at circuit directing a dismissal of the complaint. (Reported below, 58 Barb., 524.) This action was brought to recover damages for an alleged breach of duty, upon the part of defendants, as plaintiffs’ agent.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of defendants entered upon an order of the court at circuit directing a dismissal of the complaint. (Reported below, 58 Barb., 524.) This action was brought to recover damages for an alleged breach of duty, upon the part of defendants, as plaintiffs’ agent. The plaintiffs are copartners, carrying on business in the city of Hew York under the firm, name of Heinemann & Payson. The defendants are commission merchants and copartners, carrying on that business at Hong Kong…
1Opinion of the CourtRapailo, J.
In so far as the plaintiffs’ cause of action is founded upon the failure of the defendants to fill the plaintiffs’ order for teas, we concur in the opinion of the court below that a case was not made out, sufficient to have been submitted to the jury. The original order was for Oolongs; but it appears that these could not have been purchased at the plaintiffs’ limits. By their letter of May 2, 1865, the plaintiffs authorized the substitution of “Fine Moyune teas, the usual assortment of fully Fair Cargo.” The plaintiffs’ witnesses agree that this order was ambiguous; as “ Fine Moyune” and…
2Cases cited2 opinions
- The Amiable NancySupreme Court of the United States · 1818
- Bell v. CunninghamSupreme Court of the United States · 1830
3Cited by15 opinions
- Whitney v. . MartineNew York Court of Appeals · 1882
- Fleetwood Motors, Inc. v. John F. James & Sons, Inc.New York Supreme Court · 1963
- Shepard v. DavisAppellate Division of the Supreme Court of the State of New York · 1899
- Becker v. WellsNew York Court of Appeals · 1948
- Gravenhorst v. TurnerAppellate Division of the Supreme Court of the State of New York · 1926
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