Roxford Knitting Co. v. Moore & Tierney, Inc.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Northern District of New York. Action by Moore & Tierney, Incorporated, and by the Wm.’ Moore Knitting Company against the Roxford Knitting Company. Judgment for plaintiff in each case, and defendant brings error. The questions of law involved in the two cases are identical. They were argued together and will he decided in one opinion.
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In Error to the District Court of the United States for the Northern District of New York. Action by Moore & Tierney, Incorporated, and by the Wm.’ Moore Knitting Company against the Roxford Knitting Company. Judgment for plaintiff in each case, and defendant brings error. The questions of law involved in the two cases are identical. They were argued together and will he decided in one opinion. The actions were commenced in tlie New York Supreme Court in the county of Saratoga, and were removed to the United States District Court for the Northern District of New York. The defendant in error,…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). In December, 1916, the plaintiff agreed to manufacture at its factory in the city of Cohoes, in the state of New York, for the defendant, certain knit underwear. The deliveries were to be made at various times stated in the orders between February 1, 1917, and December 15, 1917. All the orders received from defendant and accepted by plaintiff were taken subject to the following:
“All orders are taken subject to delays or nondelivery caused by strikes, accidents, fire, or for any other 'reason beyond our control.”
It is not questioned that, if a party by his…
2Cases cited18 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Lake County v. RollinsSupreme Court of the United States · 1889
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3Cited by40 opinions
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- Youngstown Sheet & Tube Co. v. SawyerDistrict Court, District of Columbia · 1952
- United States v. McFarlandCourt of Appeals for the Fourth Circuit · 1926
- United States v. Montgomery Ward & Co.Court of Appeals for the Seventh Circuit · 1945
- Dorsey v. Oregon Motor StagesOregon Supreme Court · 1947
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