Gentilli v. Starace
The Superior Court of New York City
Appeal from judgment entered in favor of defendant for $615, with interest and costs, on report of referee •to whom the case was referred to hear, try and determine the issues.
1Opinion of the Court
By the Court.—McAdam, J.
The plaintiff, through a broker, sold to the defendant 169 cases of Prosperi’s Chianti wine, which had just arrived, and was to be delivered on the steamer’s dock. The contract is in writing, in the form of a bought and sold noté, and contains the following provisions : “ All to be delivered in merchantable order. The said goods to be approved by buyer within three days after delivery. Terms, payment by notes, for one-half the amount each at 60 and 90 days respectively.” The goods were delivered, and five days afterwards the defendant gave the notes called for thereby,…
2Cases cited13 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Day v. . PoolNew York Court of Appeals · 1873
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
- Dounce v. . DowNew York Court of Appeals · 1876
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