Legal Opinion

Sturges & Burn Manufacturing Co. v. American Separator Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1913PublishedCited by 4 opinions

Appeal by the plaintiff, the Sturges & Bum Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chenango on the 6th day of January, 1913, dismissing the complaint and awarding defendant damages upon its counterclaim, upon the decision of the court after a trial before the court; a jury having been waived.

1Opinion of the Court

Lyon, J.:

In each of the months of January, February and March, 1906, the defendant, which was engaged in the business of manufacturing and selling cream separators at Bainbridge, N. Y., gave to the plaintiff, which was engaged in the business of manufacturing sheet metal specialties at Chicago, 111., an order for the manufacture of 5,500 sets of covers for separators of the two sizes known as No. 1 and No. 2. The order of January eleventh was for 3,000 sets of covers divided equally between sizes 1 and 2; the order of February sixth was for 500 sets of No. 1 covers, and the order of March…

2Cases cited4 opinions

  1. Taylor v. . GoeletNew York Court of Appeals · 1913
  2. Dunn v. . SteubingNew York Court of Appeals · 1890
  3. Hinds v. KelloggNew York Court of Common Pleas · 1891
  4. Sentenne v. KellyNew York Supreme Court · 1891

3Cited by4 opinions

  1. In re the Estate of O'BrienNew York Surrogate's Court · 1939
  2. John F. Trainor Co. v. G. Amsinck & Co.Appellate Division of the Supreme Court of the State of New York · 1922
  3. Maffei v. GinocchioIllinois Supreme Court · 1921
  4. Erdreich v. ZimmermannAppellate Division of the Supreme Court of the State of New York · 1920

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