Morel v. Stearns
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment,of the City Court of the city of New York, entered in favor of plaintiffs upon the verdict of a jury, and from an order denying the defendants’ motion for a new trial.
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Appeal by the defendants from a judgment,of the City Court of the city of New York, entered in favor of plaintiffs upon the verdict of a jury, and from an order denying the defendants’ motion for a new trial. The action was brought to recover damages for an alleged breach of an executory contract for the sale and delivery of six bales of silk, the breach consisting in the defendants’ refusal to receive the bales when offered for delivery on June 1, 1900. The contract was made in New York city by a local agent of the plaintiffs who had preceded Jar dine, Matheson & Oo. in that capacity.
1Opinion of the CourtScott, J.
This action arises out of the alleged failure of the plaintiffs to deliver six bales of silk to the defendants within the time specified in the contract between the parties. The plaintiffs are residents of France. . The defendants are manufacturers, having a place of business in the city of New York and factories at Petersburg, Va., Williamsport, Pa., and Elmira, N. Y. The plaintiffs were represented in New York by the firm of Jar dine, Matheson & Co., as their agents. The contract, which was in writing, was made in the city of New York and provided for. the sale of a quantity of Italian…
2Cited by2 opinions
- Perlman v. M. Israel & Sons Co.New York Court of Appeals · 1954
- C. Bahnsen & Co. v. LeafAppellate Division of the Supreme Court of the State of New York · 1922