Gourd v. Healy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Healy, from a judgment of the Supreme Court in favor of the plaintiff, enteréd in the office of the clerk of the county of Hew York on the 12th day of Hovember, 1909, upon the verdict of a jury, rendered by direction of the court, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial, made upon the minutes.
1Opinion of the Court
Clarke, J.:
On May 21, 1906, the plaintiff, at Hew York, agreed to sell thirty-five cases of Chateau^Yquern, 1901,-quarts, and fifteen cases Chateau Yquem, 1901, pints, and the defendant agreed to purchase, the same for $740, payable on delivery, duty paid by plaintiff, on the dock, Hew York. The wine was then in certain undisclosed *324wine cellars in Bordeaux, France. The said cases of wine were never identified by marks or numbers or even, as to the wine cellars in which they were in storage, and Were never segregated from the general stock of, wine in Bordeaux.
The defendant wrote ón March 27,…
2Cases cited2 opinions
- Lester v. . JewettNew York Court of Appeals · 1854
- Delaware Trust Co. v. . CalmNew York Court of Appeals · 1909
3Cited by4 opinions
- Gourd v. . HealyNew York Court of Appeals · 1912
- Gourd v. HealyAppellate Division of the Supreme Court of the State of New York · 1917
- Gourd v. HealyAppellate Division of the Supreme Court of the State of New York · 1914
- Seaver v. Lindsay Light Co.New York Supreme Court · 1920