Gentilli v. Starace
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by Max Gentilli against Achilla Starace. From judgment entered in favor of defendant for $615, with interest and costs, on report of the referee to whom the cause was referred to hear, try, and determine the issues, plaintiff appeals.
1Opinion of the CourtMcAdam, J.
The plaintiff, through a broker, sold to the defendant 169 ■cases of Prosperi’s Chianti wine, which had just arrived, and was to be delivered on the steamer’s dock. The contract is in writing, in the form of a ■bought and sold note, and contains the following provisions: “All to be delivered in merchantable order. The said goods to be approved by buyer within three days after delivery. Terms, payment by notes for one-half the ■amount each, at 60 and 90 days, respectively.” The goods were delivered, ■and five days afterwards the defendant gave the notes called for thereby, the first of which…
2Cases cited17 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Day v. . PoolNew York Court of Appeals · 1873
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
- Dounce v. . DowNew York Court of Appeals · 1876
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