Procter & Gamble Co. v. Peters, White & Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1920, affirming a' judgment in favor of plaintiff entered upon a verdict directed by the court. Title to the oil did not pass upon its production. Further acts of appropriation with the assent of both seller and purchaser were necessary to pass title to the respondent and these acts of appropriation are lacking.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1920, affirming a' judgment in favor of plaintiff entered upon a verdict directed by the court. Title to the oil did not pass upon its production. Further acts of appropriation with the assent of both seller and purchaser were necessary to pass title to the respondent and these acts of appropriation are lacking. (Low v. Pew, 108 Mass. 347; Andrews v. Durant, 11 N. Y. 35; N. J. R. R. Co. v. Trenton C. W. Co., 32 N. J. L. 517; Hart v. Taylor, 82 N. Y. 376; Deeley v.…
1Opinion of the CourtCrane, J.
On the 29th day of January, 1914, the Atlantic Phosphate and Oil Corporation, a New York company, entered into a contract with the plaintiff in this case, the Procter & Gamble Company of Ohio, wherein the Atlantic Phosphate and Oil Corporation agreed to sell to the plaintiff all the menhaden oil, grade “A” to be produced by the seller at its plant at Promised Land, Long Island, New York, during the period from the date of the contract to December 31st, 1914. The contract contained the following provision:
“ The Purchaser shall receive the oil in Purchaser’s tank cars, to be supplied by the…
2Cases cited6 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Andrews v. . DurantNew York Court of Appeals · 1854
- Low v. PewMassachusetts Supreme Judicial Court · 1871
- Cooke v. . MillardNew York Court of Appeals · 1875
- Clarkson v. StevensSupreme Court of the United States · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wills v. Investors Bankstocks Corp.New York Court of Appeals · 1931
- M.H. Metal Products Corporation v. AprilNew York Court of Appeals · 1929
- Agar v. OrdaNew York Supreme Court · 1932
- Baker v. StateSupreme Court of Arkansas · 1949
- In Re Lincoln Industries, Inc.District Court, W.D. Virginia · 1958
1 more not listed; retrieve them via the Exa API.