A. L. Gosselin Corp. v. Mario Tapparelli Fu Pietro of America, Inc.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1920, which reversed an order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings and denied said motion. Plaintiff contracted to sell and deliver to one of the individual defendants caustic soda in four shipments of five cars each.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1920, which reversed an order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings and denied said motion. Plaintiff contracted to sell and deliver to one of the individual defendants caustic soda in four shipments of five cars each. The purchaser controlled the defendant corporation which thereafter entered into a written contract with plaintiff reciting that in consideration of its delaying shipments of the soda it…
1Opinion of the Court
Order of Appellate Division affirmed, with costs; first question certified answered in the negative; second question in the affirmative; no opinion.
Concur: His cock, Ch. J., Chase, Collin, Cardozo, Crane and Andrews, JJ. Dissenting: Pound, J.
2Cited by8 opinions
- Terner v. Glickstein & Terner, Inc.New York Court of Appeals · 1940
- Moen v. ThompsonNew York Supreme Court · 1946
- Kelly v. Central Hanover Bank & Trust Co.District Court, S.D. New York · 1935
- Boissevain v. BoissevainAppellate Division of the Supreme Court of the State of New York · 1928
- Society Milion Athena, Inc. v. National Bank of GreeceAppellate Division of the Supreme Court of the State of New York · 1938
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