Deeley v. . Heintz
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The letters, cables and bills of lading introduced in evidence by the plaintiff constitute the contracts for the purchase of these 130 casks. (Crossett v. Carleton, 23 App. Div. 366; G. Mfg. Co. v. Munckenbeck, 20 App. Div. 612.) Plaintiff’s assignors…
1Opinion of the CourtO’Brien, J.
This appeal involves simply a contention concerning the proper name which should be given to the judgment appealed from. The plaintiff avers that on the 21st day of October, 1895, the defendant, residing and doing business at the city of Cologne in the German Empire, sold and delivered to the plaintiff’s assignor one hundred and thirty casks of carbonate of potash, warranted to contain eighty to eighty-five per cent of potash. It is then alleged that there was a breach of this warranty on the part of the defendant, in that the goods delivered did not contain the requisite percentage of…
2Cases cited8 opinions
- Pratt v. HullNew York Supreme Court · 1816
- Scofield v. . HernandezNew York Court of Appeals · 1872
- Wheeler v. . RuckmanNew York Court of Appeals · 1873
- Trimble v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Ware v. . Dos PassosNew York Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Oakes Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Everett v. . EverettNew York Court of Appeals · 1905
- Ford v. SteindonAppellate Terms of the Supreme Court of New York · 1962
- McNulty Bros. v. OffermanAppellate Division of the Supreme Court of the State of New York · 1910
- Lindenthal v. . Germania Life Ins. Co.New York Court of Appeals · 1903
22 more not listed; retrieve them via the Exa API.