Glanzer v. . Shepard
New York Court of Appeals
Appeal, by permission, from a judgment entered January 21, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a determination of the Appellate Term, reversing a judgment of the City Court of the city of New York in favor of plaintiffs entered upon a verdict directed by the court and affirmed said City Court judgment.
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Appeal, by permission, from a judgment entered January 21, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a determination of the Appellate Term, reversing a judgment of the City Court of the city of New York in favor of plaintiffs entered upon a verdict directed by the court and affirmed said City Court judgment. The Appellate Division decided this case on the principle laid down in McPherson v. Buick Motor Co. (217 N. Y. 382), but this principle applies only to things inherently dangerous or reasonably certain to put life…
1Opinion of the CourtCardozo, J.
Plaintiffs bought of Bech, Van Siclen & Co., a corporation, 905 bags of beans. The beans were to be paid for in accordance with weight sheets certified by public weighers. Beeh, Van Siclen & Co., the seller, requested the defendants, who are engaged in business as public weighers, to make return of the weight and furnish the buyers with a copy. A letter to the weighers, dated July 20, 1918, informed them that the bags were on the dock, that the beans had been sold to Glanzer Bros., the plaintiffs, who would accept delivery Tuesday, July 23, and that the defendants were to communicate with the…
2Cases cited17 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Savings Bank v. WardSupreme Court of the United States · 1880
- Seaver v. . RansomNew York Court of Appeals · 1918
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
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3Cited by644 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLCCourt of Appeals for the Second Circuit · 2012
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
639 more not listed; retrieve them via the Exa API.