Legal Opinion
Horst v. Montauk Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 1907PublishedCited by 3 opinions
Appeal by the plaintiff, Paul R. G-. Horst, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk-of the county of New York on the 19th day of October, 1906, upon the dismissal of the complaint by direction of the court at the close of. the plaintiff’s case upon- a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
On the 1st of March, 1905, the defendant purchased from the plaintiff forty bales of hops, as evidenced by a written instrument, of which the following is a copy:
“Brooklyn, H. Y., March 1st, 1905.
“Bought to-day off Mr. Paul Horst (20) twenty bales choice Oregons at 29 cts., (20) twenty bales choice Hew York State hops at 30 cts. per lb., deliverable in 10 or 15 bale lots, as per written order of Montauk Brewing Company, payable in ten days after delivery. Samples to be submitted must be satisfactory.
“MOHTAUK BREWIHG- COMPAHY.
“By C. D. Rhinehart.
“ Charles Albresch.”
In May…
2Cases cited3 opinions
- Dunham v. . MannNew York Court of Appeals · 1853
- Butler Bros. v. HirzelAppellate Division of the Supreme Court of the State of New York · 1903
- Salmon v. BrandmeierAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Rosenberg Bros. & Co. v. F. S. Buffum Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Heilbrunn v. WeislowAppellate Division of the Supreme Court of the State of New York · 1908
- Heilbrunn v. WeislowAppellate Division of the Supreme Court of the State of New York · 1908