Dexter v. . Norton
New York Court of Appeals
Appeal from a judgment entered upon an order of the General Term of the Supreme Court in the first judicial district, overruling plaintiff’s exceptions, and directing judgment dismissing the complaint, in accordance with ruling of the court at circuit. This action is brought to recover damages for a breach of a contract to sell and deliver cotton.
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Appeal from a judgment entered upon an order of the General Term of the Supreme Court in the first judicial district, overruling plaintiff’s exceptions, and directing judgment dismissing the complaint, in accordance with ruling of the court at circuit. This action is brought to recover damages for a breach of a contract to sell and deliver cotton. Defendants, on the 5th day of October, 1865, at the city of New York, agreed to sell and deliver to the plaintiff 607 bales of cotton, bearing certain marks and numbers, specified in the contract, at the price of forty-nine cents per pound, and…
1Opinion of the Court
Church, Ch. J.
The contract was for the sale and delivery of specific articles of personal property. Each bale sold was designated by a particular mark, and there is nothing in the case, to show that these marks were used merely to distinguish the general kind or quality of the article, but they seem to have been used to describe the particular bales of cotton then in possession of the defendant. Kor does it appear that there were other bales of cotton in the market of the same kind, and marked in the same way. The plaintiff would not have been obliged to accept any other cotton than the bales…
2Cases cited5 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Carpenter v. StevensNew York Supreme Court · 1834
- Joyce v. . AdamsNew York Court of Appeals · 1853
3Cited by111 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Lorillard v. . ClydeNew York Court of Appeals · 1894
- Texas Co. v. Hogarth Shipping Co.Supreme Court of the United States · 1921
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
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