Cooper v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Cooper, from a judgment of the Supreme .Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 25 th day óf April, 1905, upon the decision, of the-court rendered, after a trial at the Montgomery' Trial Term, the jury having been discharged, 'dismissing the complaint. • .
1Opinion of the Court
Cochrane, J.:
This action is on a promissory note given by -the' defendant to the plaintiff in part payment- of a machine manufactured, by the plaintiff for use in-the defendant’s factory. The machine was ordered by the defendant in December, 1902. Plaintiff accepted' the order, agreeing to deliver the machine within sixty days, and that the stipulated price "therefor should be paid within thirty days . a,fter delivery, ' • ,
The machine was sent to the defendant, and payment therefor not having been made within thirty days after it reached him the 'parties thereafter and'on May 26,. 1908,…
2Cases cited4 opinions
- Earle v. RobinsonNew York Supreme Court · 1895
- White v. A. W. Gray's SonsAppellate Division of the Supreme Court of the State of New York · 1904
- Orcutt v. RickenbrodtAppellate Division of the Supreme Court of the State of New York · 1899
- Cooper v. PayneAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by6 opinions
- Stewart & Holmes Drug Co. v. ReedWashington Supreme Court · 1913
- Nelson v. GibsonAppellate Division of the Supreme Court of the State of New York · 1911
- In re Merwin & Willoughby Co.District Court, N.D. New York · 1913
- Henry Pels & Co. v. OltarshAppellate Terms of the Supreme Court of New York · 1911
- Randall v. ChaneyIndiana Court of Appeals · 1926
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