Cooper v. Mundial Trading Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of the’ defendant, entered upon the verdict of a jury directed by the court.
1Opinion of the CourtMullan, J.
The essential facts are not in dispute, and it Avas conceded upon the trial that if the defense, based upon the defendant’s inability to procure an export shipping license, was not good, the plaintiffs would be entitled to recover the sum of $235:20. , .
The plaintiffs agreed to sell, and the defendant to purchase, a quantity of chlorate of potash, to be delivered f. o. b. steamer (undesignated), New York. The order contained the folloAving: “Packing: Proper for export;” and “ Marks: F. A. S. S., M. T. C., No. 1944, Barranquila,” and “ Hold for shipping instructions.” *59The defendant refused to…
2Cited by1 opinion
- Pierson & Co. v. Iwai & Co.District Court, S.D. New York · 1921