Hecla Powder Co. v. Sigua Iron Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by the Hecla Powder Company against the Sigua Iron Company to recover on an acceptance of $950 which defendant gave for Hecla powder, bought from plaintiff, to be delivered to defendant in Santiago de Cuba. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, made on the minutes, plaintiff appeals.
1Opinion of the CourtO’Brien, J.
The action was brought to recover $950 and interest upon an accepted draft which defendant gave for Hecla powder bought from plaintiff, to be delivered in Santiago de Cuba. Defendant denied that the powder had been delivered, and set up a counterclaim based upon the plaintiff’s attempt and failure to make the delivery; alleging that it neglected to procure the proper *839and necessary permit from the Spanish government to enter and land the powder in Santiago, and failed to give defendant the agreed notice, by reason of which the powder was declared contraband and seized by the Spanish…
2Cases cited6 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Dodds v. . HakesNew York Court of Appeals · 1889
- Pollett v. . LongNew York Court of Appeals · 1874
- Allen v. . McConiheNew York Court of Appeals · 1891
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3Cited by7 opinions
- McIver v. KatsiolisSupreme Court of Oklahoma · 1923
- Constantin Refining Co. v. Thwing Instrument Co.Supreme Court of Oklahoma · 1919
- Abounader v. Strohmeyer & Arpe Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Sutton v. WanamakerAppellate Terms of the Supreme Court of New York · 1905
- Friedgood v. KlineNew York Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.