American Union Line, Inc. v. Oriental Navigation Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Oriental Navigation Corporation, from so much of 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 5th day of April, 1923, as denies its cross-motion for judgment on the pleadings dismissing the complaint.
1Opinion of the Court
Martin, J.:
This action is brought to recover the sum of $50,000 paid by the plaintiff on account of the purchase price of the steamship Fair Oaks. The payment was made in February, 1918, at the time of the execution of a contract for the purchase of that vessel from the defendant. The stipulated price was $185,000. The sum of $135,000 was to be paid on delivery after the completion of certain voyages to which she was committed when the contract to sell was executed. Delivery should accordingly have otaken place in September, 1918. By that time, however, the transfer of the vessel to the…
2Cases cited5 opinions
- Feizi v. Second Russian InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Koppel Industrial Car & Equipment Co. v. Portalis & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Stevenson v. DevinsAppellate Division of the Supreme Court of the State of New York · 1913
- American Union Line, Inc. v. Oriental Navigation Corp.Appellate Division of the Supreme Court of the State of New York · 1922
- Sayre v. Progressive Construction & Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
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- Valentine v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1926