Wise v. . Chase
New York Court of Appeals
Appeal from an order of the New York Superior Court at General Term, affirming a judgment entered in favor of the plaintiffs, upon the report of a referee.
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Appeal from an order of the New York Superior Court at General Term, affirming a judgment entered in favor of the plaintiffs, upon the report of a referee. The material facts are as follows: On the 27th day of January, 1862, the plaintiffs sold to the defendants certain goods, to the amount of about $8,600. The agreement between the parties was contained in the following written instrument: “ New York, January 27,1862. “ Having this day purchased of Wise & Arnold six thousand gray flannel overshirts, at $11.75 per doz., six thousand Canton flannel drawers at $5 per doz.; two hundred overalls…
1Opinion of the Court
The instrument of January 27 constituted an agreement between the parties. It was an agreement then and there executed on the part of the plaintiffs, by the delivery of the goods to the defendants, if the latter were to transmit the same to St. Louis. If the delivery at St. Louis was to be made by the plaintiffs, then the contract was still executory on their part. There is no statement that the defendants were to transport the goods to St. Louis, but the right to the vouchers was made dependent on the arrival there of the goods. This would seem to have left the burden of transmission on the…
2Cases cited2 opinions
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Buswell v. . PoineerNew York Court of Appeals · 1867
3Cited by2 opinions
- Bank of Taiwan, Ltd. v. SchildAppellate Division of the Supreme Court of the State of New York · 1932
- Rodd v. Kamen Products Co.Appellate Division of the Supreme Court of the State of New York · 1949