Broeniman Co. v. Liberty Export & Import Corp.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from judgment of City Court of the city of New York in favor of plaintiff and from order denying defendant’s motion for new trial.
1Opinion of the CourtGuy, J.
Defendant sold and delivered to plaintiff for shipment to Belgium 300 cases of condensed milk guaranteed for a period of six months from date of shipment against “ swells, coagulations, etc.” In the original contract defendant agreed to furnish the “ Thrift ” brand, but by reason of the fact as represented that defendant could not procure this particular brand, “ Freedom ” brand was substituted with plaintiff’s consent.
Defendant gave no evidence on the trial, and the only question submitted to the jury by the court was the amount of plaintiff’s damage.
Plaintiff claimed on the trial to have…
2Cases cited3 opinions
- Eytinge & Co. v. Atlantic Transport Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Shepard v. WrightNew York Supreme Court · 1880
- Geduld v. BaltimoreAppellate Terms of the Supreme Court of New York · 1907
3Cited by1 opinion
- In re the Estate of AsterioNew York Surrogate's Court · 1939