First National Bank v. Gidden
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, The First National Bank of Seattle, and by the defendant, Herman M. Hidden, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of May, 1916, upon a dismissal of the complaint and of the counterclaim by direction of the court at the close of the case.
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Cross-appeals by the plaintiff, The First National Bank of Seattle, and by the defendant, Herman M. Hidden, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of May, 1916, upon a dismissal of the complaint and of the counterclaim by direction of the court at the close of the case. Plaintiff appeals from so much of the judgment as dismisses the complaint while defendant" appeals from so much thereof as dismisses his counterclaim.
1Opinion of the Court
McLaughlin, J. :
The plaintiff appeals from a dismissal of the complaint and defendant from a dismissal of his counterclaim.
The question presented is one of law, there being no dispute as to the material facts involved, which are briefly as follows: *564On the 2d of September, 1914, Gorman & Co., a corporation engaged in packing and dealing in canned salmon at Seattle, Wash., entered into a contract with the defendant, doing business in the city of New York, under the terms of which the former sold to the latter 5,000 cases of salmon at a specified price, f. o. b., Pacific Coast Terminal shipping…
2Cases cited6 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
- Cass v. . HigenbotamNew York Court of Appeals · 1885
- Hoffman & Co. v. Bank of MilwaukeeSupreme Court of the United States · 1871
- First National Bank of Detroit v. BurkhamMichigan Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935