London Produce Co. v. Poels & Brewster, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Poels & Brewster, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of May, 1921, granting plaintiff’s motion directing the defendant to serve a bill of particulars.
1Opinion of the Court
Page, J.:
The action is to recover damages for a refusal to accept delivery of the remainder of goods purchased by the defendant from the plaintiff’s assignor, under a written contract, a copy of which is annexed to the complaint. The answer admits that the defendant entered into the written contract, and alleges that as a part of the agreement it was understood and agreed that the goods were to be shipped by steamer from the ports therein designated by direct route to New York. It was further alleged upon information and belief that the shipment was not made by direct route from the said…
2Cases cited3 opinions
- Goddard v. Pardee Medicine Co.New York Supreme Court · 1889
- Stanley v. BlockAppellate Division of the Supreme Court of the State of New York · 1900
- Strong v. EckertAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by3 opinions
- Burns v. LipsonAppellate Division of the Supreme Court of the State of New York · 1923
- Chutick v. PollockAppellate Division of the Supreme Court of the State of New York · 1930
- Vanderwerken v. PolachekAppellate Division of the Supreme Court of the State of New York · 1923