Imperial Products Co. v. Capitol Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Imperial Products Company, Inc., from an order and determination of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the City Court of the City of New York on the 15th day of May, 1918, reversing a judgment of said City Court and dismissing the complaint.
1Opinion of the Court
Page, J.:
Four conditions must exist to bring a case within subdivision 3 of section 128 of the Personal Property Law (Consol. Laws, chap. 41 [Laws of 1909, chap. 45], as added by Laws of 1911, chap. 571). (1) Goods must be delivered to a carrier; (2) with instructions that the carrier is not to deliver the goods to the buyer until paid for; (3) this must have been done pursuant to an agreement between the buyer and seller; (4) such an arrangement may be indicated .by the marking of the goods “ collect on delivery ” or otherwise. In my opinion, this subdivision does not apply to every shipment…
2Cases cited1 opinion
- Plumb v. J. W. Hallauer & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by2 opinions
- Kaplan v. KraussAppellate Terms of the Supreme Court of New York · 1934
- Lamborn v. Miller, Pennsylvania Court of Common Pleas, Erie County1924