Steinhardt v. . Bingham
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 24, 1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 24, 1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mailing of the notice within five days was sufficient, the contract not contemplating that the notice should reach the defendants within five days of the date of the bill of lading. (Beakes v. Da Cunha, 126 N. Y. 297; Peabody v. Saterlee, 166 N. Y. 174; Hicks v.…
1Opinion of the CourtHaight, J.
This action was brought to recover damages resulting to the plaintiffs from the failure of the defendants to accept a cargo of corn shipped to them.
On the 22d day of January, 1897, the plaintiffs entered into two contracts with the defendants, by which they agreed to ship 15,000 quarters of No. 2. corn from any Atlantic or Gulf ports, at seller’s option, to the defendatats at Liverpool by first-class steamer. Each contract contained the provision : “ The sellers shall furnish to buyers steamer’s name and quantity loaded, within five days of the date of bill of lading.” The cargo in question…
2Cases cited1 opinion
- Beakes v. . DacunhaNew York Court of Appeals · 1891
3Cited by8 opinions
- H. O. Wilbur & Sons, Inc. v. LambornSupreme Court of Pennsylvania · 1923
- In re BlumbergAppellate Division of the Supreme Court of the State of New York · 1912
- Matthew Smith Tea, Coffee & Grocery Co. v. LambornDistrict Court, S.D. New York · 1921
- Cirigliano v. BrownCity of New York Municipal Court · 1945
- Skinner v. SullivanNew York Supreme Court · 1920
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