Childs v. C. E. Riley Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Harris Robbins Childs and others, 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 29th day of May, 1918, upon a dismissal of the complaint by direction of the court at the close of plaintiffs’ case. The action was brought to recover damages for the breach of two contracts for the sale of goods bought by the plaintiffs from the defendant.
1Opinion of the Court
Shearn, J.:
Plaintiffs are engaged in the export and import business in the city of New York. Defendant is a foreign corporation, having its principal place of business in Boston, but it maintains an office for the transaction of its business in New York city in charge of one Evans. The contracts were negotiated by one Hinck, a cotton goods broker in the city of New York. On Friday, August 11, 1916, Hinck called at the New York office of the defendant and informed Evans that the plaintiffs were in the market for 1,500 bales of certain cotton goods if they could be purchased on certain unusual…
2Cases cited3 opinions
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Strong, Whitney & Co. v. DoddsSupreme Court of Vermont · 1875
- Newberry v. . WallNew York Court of Appeals · 1881
3Cited by6 opinions
- Matter of HuxleyNew York Court of Appeals · 1945
- In re the Arbitration between J. K. Knitting Mills, Inc. & DorginAppellate Division of the Supreme Court of the State of New York · 1948
- Just In-Material Designs, Ltd. v. I.T.A.D. Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Gravenhorst v. TurnerAppellate Division of the Supreme Court of the State of New York · 1926
- Comptoir Commercial D'Importation v. ZabriskieNew York Supreme Court · 1926
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