Ashner v. Abenheim
New York Supreme Court
The plaintiff purchased from the defendants twenty-six hales of Sumatra tobacco through a broker, and received from the latter a bought note, which reads as follows: “ Eew Yoke, June 9, 1890. “ Mr. S. Ashner, 154 Bowery, bought of M. Abenheim & Co., 2 and 4 Stone street, twenty-six bales Sumatra tobacco, Deli Poewa, BL, as per annexed return, Eos. 1,148.52, 1,154.14; net, 45,460, at $1.40 —$6,364.40. “ Terms: The goods are to be delivered, duty cash, not less than five bales…
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The plaintiff purchased from the defendants twenty-six hales of Sumatra tobacco through a broker, and received from the latter a bought note, which reads as follows: “ Eew Yoke, June 9, 1890. “ Mr. S. Ashner, 154 Bowery, bought of M. Abenheim & Co., 2 and 4 Stone street, twenty-six bales Sumatra tobacco, Deli Poewa, BL, as per annexed return, Eos. 1,148.52, 1,154.14; net, 45,460, at $1.40 —$6,364.40. “ Terms: The goods are to be delivered, duty cash, not less than five bales at a time. Any amount of goods over five bales delivered between date of bill and sixty days thereof, is to be…
1Opinion of the CourtMoAdam, J.
On the first trial, at the close of the plaintiff’s case, the justice then presiding disjnissed the complaint, and on appeal to the General Term, the judgment was reversed and a new trial ordered. 83 Hun, 34.
In the opinion of the General Term (hy which this trial must he controlled) is the following reference to the contract in question: “ H it was one wherein, as contended hy defendants, the plaintiff agreed to purchase so many pounds of tobacco at $1.40 a pound, then it would make no difference whether the duty was thirty-five or forty-five cents per pound. -Or, as . expressed in the trade…
2Cases cited13 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Walls v. . BaileyNew York Court of Appeals · 1872
- Roberts v. . ElyNew York Court of Appeals · 1889
- Cobb v. . KnappNew York Court of Appeals · 1877
- Haviland v. . WilletsNew York Court of Appeals · 1894
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3Cited by1 opinion
- Whiting v. SaundersAppellate Terms of the Supreme Court of New York · 1898