Melkon v. H. B. Kirk & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcAvoy, J.
The complaint was dismissed in this action and judgment rendered for the defendant H. B. Kirk & Co.
The plaintiff made an agreement with H. B. Kirk & Co. which had for its purpose the selling in Constantinople, Turkey, of 480 barrels of Old Crow whisky, which was then stored in said defendant’s plant in New York city. Under the terms of the agreement the plaintiff’s compensation was to be the difference between the price for which he sold the liquor and the sum of two dollars and eighty-five cents per gallon as shipped from New York.
In the month of February, 1920, the plaintiff sold 480…
2Cases cited2 opinions
- Pratt v. . ElkinsNew York Court of Appeals · 1880
- Flaherty v. Herring-Hall-Marvin Safe Co.Appellate Terms of the Supreme Court of New York · 1898
3Cited by8 opinions
- Courtland v. Walston & Co., Inc.District Court, S.D. New York · 1972
- Leighton v. NEW YORK, SUSQUEHANNA & WESTERN RAILROAD CO.District Court, S.D. New York · 1969
- Tepper v. TannenbaumNew York Supreme Court · 1976
- Gabbe v. Kleban Drug Corp.New York Supreme Court · 1957
- Carmen v. Shore Cleaners & Dyers, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
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