Nightingale v. . Eiseman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 23,1888, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at the circuit. This was an action to recover for goods sold and delivered-. The material facts are stated in the opinion. The construction of thé contract by the General Term cannot be upheld.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 23,1888, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at the circuit. This was an action to recover for goods sold and delivered-. The material facts are stated in the opinion. The construction of thé contract by the General Term cannot be upheld. (Tipton v. Feitner, 20 N. Y. 432.) If the terms of payment were doubtful as to whether defendants should pay ten days after each delivery or ten days after the whole…
1Opinion of the Court
Earl J.
On the 4th day of January, 1886, the plaintiffs were manufacturers of silk, at Paterson, New Jersey, and the defendants were dealers in silk, doing business in the city of New York. On that day, an agent of the plaintiffs, who was engaged in selling silk for them on a salary, called upon the defendants at their place of business and took from them the following order:
it Order No. 11. Jcmucvry 4th, 1886.
Ship by Ex. Eiseman & Co.,
Bill Mach. Grand St., City.
Duplicate No.
Term, 6-10 1 per cent, special.
25 pcs., Feb. 20. 50 “ Mch. 1st. Balance before Mch. 15, _ or earlier if possible.…
2Cited by11 opinions
- Young v. EamesAppellate Division of the Supreme Court of the State of New York · 1903
- Fay v. Supreme Tent of the Knights of the Maccabees of the WorldNew York Supreme Court · 1902
- Neukirch v. KepplerAppellate Division of the Supreme Court of the State of New York · 1900
- Kirshman v. Crawford-Plummer Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Fisher v. GoodrichAppellate Division of the Supreme Court of the State of New York · 1901
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