Abe Stein Co. v. . Robertson
New York Court of Appeals
Appeal from a judgment of the Appellate .Division of the Supreme Court in the first judicial department, entered April 7,1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was for the sale of goods to “ arrive,” and was conditional upon the arrival of the merchandise described therein.
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Appeal from a judgment of the Appellate .Division of the Supreme Court in the first judicial department, entered April 7,1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was for the sale of goods to “ arrive,” and was conditional upon the arrival of the merchandise described therein. (Lovatt v. Hamilton, 5 M. & W. 644; Stockdale v. Dunlop, 6 M. & W. 224; Johnson v. McDonald, 9 M. & W. 600; Azeman v.…
1Opinion of the CourtMartin, J.
The action was to recover damages for the breach of a contract between the parties for the purchase and sale of a quantity of goat skins. The agreement was made through brokers and evidenced by a bought-and-sold note dated May 24, 1895, modified by a letter dated the thirty-first of the same month.
The note was as follows :
“ Rew York, May 24th, 1885.
“ Sold for account of Messrs. L. F. Robertson & Son, to the Abe Stein Company. About 85,000 Tein-sin goat skins, firsts, 1|- to 2 lbs. avg., expected to arrive from China, at 22 cts. per lb. Goods to be shipped immediately by steamer or steamers to…
2Cases cited5 opinions
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Anderson v. . ReadNew York Court of Appeals · 1887
- Clark v. . FeyNew York Court of Appeals · 1890
- Benedict v. . FieldNew York Court of Appeals · 1858
- Eppens, Smith & Wiemann Co. v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by9 opinions
- Richards & Co. v. WreschnerAppellate Division of the Supreme Court of the State of New York · 1916
- Richards & Co. v. WreschnerNew York Supreme Court · 1915
- Gumbinsky Bros. v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1922
- Penn-American Plate Glass Co. v. Harshaw, Fuller & Goodwin Co.Indiana Court of Appeals · 1910
- Haber v. S. A. Jacobson Co.Appellate Division of the Supreme Court of the State of New York · 1918
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