Hart v. . Taylor
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants entered upon a verdict. This action was brought upon the contract, which, with the material facts, is set forth in the opinion.
Read the full summary
. Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants entered upon a verdict. This action was brought upon the contract, which, with the material facts, is set forth in the opinion. Assuming that payment to the plaintiff was conditioned upon an actual personal receipt of the $5,000, the transfer of the draft by defendants, before delivery of the safe, was a violation of the contract and rendered them liable. (Burtis v. Thompson, 42 N. Y. 246; Hawly v. Keeler, 53 id. 114, 121; Gallaher v. Nichols, 60 id.…
1Opinion of the CourtFinch, J.
The facts in this case are somewhat complicated, and the question involved not free from difficulty. On the 23d of July, 1870, E. M. Hendrickson entered into a contract with the Chatham Rational Bank, to build for that institution, and deliver at its place of business in Hew York City, a safe for the price of $7,000. Ho time for its completion and delivery was fixed by the terms of the agreement. On the same day Hendrickson borrowed of C. B. Le Baron, the sum of $1,000 and gave to the latter, as security therefor, a bond and mortgage on certain property in Brooklyn, and a bill of sale of the…
2Cases cited4 opinions
- Andrews v. . DurantNew York Court of Appeals · 1854
- Andrew v. . NewcombNew York Court of Appeals · 1865
- Milliman v. NeherNew York Supreme Court · 1855
- Comfort v. KierstedNew York Supreme Court · 1857
3Cited by1 opinion
- Martin v. California Central Railway Co.California Supreme Court · 1892