Browne v. . Paterson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1899, reversing a judgment in favor of defendants entered upon the report of a referee, and granting a new trial.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1899, reversing a judgment in favor of defendants entered upon the report of a referee, and granting a new trial. On February 19th, 1889, the firm of Hemenway & Browne, of which the plaintiff is the survivor, and the firm of Knudson, Paterson & Co., of which the defendants are survivors, entered into a contract, of which the following is a copy : “ T. F. Edmands & Co., “ P. O. Box 5111. “ 61 Kilby Street, “ Boston, February 19, 1889. “ Sold to Messrs. Knudson, Paterson & Go.,…
1Opinion of the CourtWerner, J.
The contract which we are called upon to construe presents a convincing illustration of the difficulty in framing even a simple business contract in such plain language that there can be no difference of opinion as to its meaning. Whether this difficulty is due to the paucity or wealth of our language, or to lack of care in its use, are questions which might furnish interesting and instructive themes for academic discussion, but would be of no practical value in the attempt to decide which of the two constructions contended for by the litigants before ns is the one to be adopted. However that…
2Cases cited12 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Lowber v. BangsSupreme Court of the United States · 1865
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Mora Y Ledon v. . HavemeyerNew York Court of Appeals · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Raisler Sprinkler Co. v. Automatic Sprinkler Co. of AmericaSuperior Court of Delaware · 1934
- J. B. Colt Co. v. KimballSupreme Court of North Carolina · 1925
- Mann v. Eastern Sugar & Products Co.Massachusetts Supreme Judicial Court · 1923
- Michael A. Welt Associates, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977