Anderson v. . Read
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 21, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought by plaintiff, as assignee fo/ the benefit of creditors of one P. M. De Leon, to recover damages for the non-delivery of the goods mentioned in the instrument set forth in the opinion, wherein, also, all the material facts are stated.
1DissentDanforth, J.
The plaintiff sues as assignee of one P. M. De Leon, for the benefit of creditors, and seeks to recover from the defendants damages for the non-delivery by them of 1,000 tons of super-phosphates mentioned in the following instruments, viz., an order in these words:
“ Baltimore, December 7, 1881.
“ Messrs. Bead & Co., 34 Beaver street, N. Y.
“ Gentlemen.— Please deliver to P. M. De Leon one thousand tons of ammoniated super-phosphates sold to us, and oblige, “ Very respectfully,
“B. W. L. BASIE & CO.,”
which was drawn by Basin & Co., and accepted by the defendants under the name of Bead & Co., by…
2Cases cited7 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Griswold v. . HavenNew York Court of Appeals · 1862
- Armour v. . Michigan Central R.R. Co.New York Court of Appeals · 1875
- Hentz v. . MillerNew York Court of Appeals · 1883
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