Landes v. Klopstock
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Actions by Jacob Landes, doing business as J. Landes, and by Louis Liebman and Nathan Liebman, copartners doing business as Liebman Bros., against Paul Klopstock, doing business as the Paul Klopstock Company. Judgment in each case for defendant upon a directed verdict, and plaintiffs bring error.
Read the full summary
In Error to the District Court of the United States for the Southern District of New York. Actions by Jacob Landes, doing business as J. Landes, and by Louis Liebman and Nathan Liebman, copartners doing business as Liebman Bros., against Paul Klopstock, doing business as the Paul Klopstock Company. Judgment in each case for defendant upon a directed verdict, and plaintiffs bring error. Writs of error from judgment of tlie District Court for tlie Southern District of New York (Mantón, J., presiding) upon a directed verdict for the defendant, after trial with a jury. The jurisdiction of the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1,2] This case, strictly speaking, docs not involve the doctrine of anticipatory breach, because the action was brought after June 15th, upon which day the defendant’s obligation to pay for the sugar became absolute. The shipment of the sugar could not become a condition precedent to that obligation, unless the defendant had given notice on or before June 5th that he required shipment on June 15th, which he never gave. Therefore, unless the plaintiffs bjr their conduct had at that time excused the defendant’s default, their right of action is clear. In the…
2Cases cited7 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.New York Court of Appeals · 1917
- Moline Scale Co. v. BeedSupreme Court of Iowa · 1879
- Davis v. BronsonNorth Dakota Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Krauss Bros. Lumber v. Louis Bossert & Sons, Inc.Court of Appeals for the Second Circuit · 1933
- Shanferoke Coal & Supply Corp. of Delaware v. Westchester Service Corp.Court of Appeals for the Second Circuit · 1934
- Armour & Co. v. SherburneCourt of Appeals for the First Circuit · 1924
- Bisbee Linseed Corp. v. Paragon Paint & Varnish Corp.Court of Appeals for the Second Circuit · 1938
- Srere v. GottesmanDistrict Court, S.D. New York · 1918