Van Boskerck v. Torbert
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Eastern District of New York. Action at law by Edward A. Torbert against George W. Van Boskerck and another. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
WARD, Circuit Judge.
The complaint sets up seven separate,and independent purchases on different dates of flour by the plaintiff from the defendants for future delivery aggregating 6,250 barrels, all of which were at the price of $3.75 per barrel except the last of April 30, 1907, which was at $3.90 per barrel:
October 20, 1906 1,250 bbls. at $3.75 per bbl.
November 7, 1906 750 3.75
November 13, 1906 250 3.75
November 35, 3906 3,000 3.75
November 26, 1906 500 3.75
December 26, 1906 1,500 3.75
April 30, 1907 1,000 3.90
It is admitted that the defendants delivered only 3,500 barrels, as follows:
November…
2Cases cited2 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Hansen v. BoydSupreme Court of the United States · 1896
3Cited by14 opinions
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- United States v. BenedictCourt of Appeals for the Second Circuit · 1922
- Companhia De Navegacao Lloyd Brasileiro v. C. G. Blake Co.Court of Appeals for the Second Circuit · 1929
- Posner v. RosenbaumAppellate Division of the Supreme Court of the State of New York · 1934
- Herring v. Luckenbach S. S. Co.Court of Appeals for the Second Circuit · 1943
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