Brady v. . Cassidy
New York Court of Appeals
Appeal from judgment of the General Term of the Oourt of Common Pleas for the city and county of New York entered upon an order made April 5, 1886, which affirmed a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover the pujchase-price of certain goods alleged to have been sold by plaintiffs to defendants. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Oourt of Common Pleas for the city and county of New York entered upon an order made April 5, 1886, which affirmed a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover the pujchase-price of certain goods alleged to have been sold by plaintiffs to defendants. The material facts are stated in the opinion. It is the province of the court to construe contracts unless the meaning is obscure and depends upon the facts aliunde in connection with the written language. (First Nat. Bk. v. Dana, 79 N. Y. 108.) It is…
1Opinion of the Court
Ruger, Ch. J.
Previous to June, 1883, Alfred Brady had for many years carried on the business of making plumbers’ castings at a foundry arid ware-rooms in the city of New York. Having died in May of that year, his executor determined to dispose of the business and property on hand, and in pursuance of that intention, early in June, effected a transfer of what was called “ the plant,” to the defendants, at a price agreed upon, and also leased the premises in question to them, from the day of sale, to the first day of January thereafter, and the defendants took immediate possession thereof. On…
2Cases cited2 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Caulkins v. . HellmanNew York Court of Appeals · 1872
3Cited by24 opinions
- Braxton v. . MendelsonNew York Court of Appeals · 1922
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- Brady v. . CassidyNew York Court of Appeals · 1895
- Fireman's Fund Insurance Companies v. Siemens Energy & Automation, Inc.District Court, S.D. New York · 1996
- Pedersen v. Stockard Steamship Corp.Appellate Division of the Supreme Court of the State of New York · 1944
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