McAfee v. Dix
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles B. Dix, doing .business, under the firm name and style of McKay & Dix, from a judgment'of the Supreme Com't in favor of the plaintiff, entered- in the office of the clerk of' the county of Kings on the lltli day of December, 1903, upon the verdict of a jury, such verdict having been amended by an order entered in said clerk’s office on. the 9th .day of December, 1903, also from an order granted the 11th day of December, 1903, and entered in…
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Appeal by the defendant, Charles B. Dix, doing .business, under the firm name and style of McKay & Dix, from a judgment'of the Supreme Com't in favor of the plaintiff, entered- in the office of the clerk of' the county of Kings on the lltli day of December, 1903, upon the verdict of a jury, such verdict having been amended by an order entered in said clerk’s office on. the 9th .day of December, 1903, also from an order granted the 11th day of December, 1903, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes, and also from the said- Order…
1Opinion of the Court
Jenks, J,:
■On January 11, 1900, Fisher and the defendant , made an agreement in writing whereby Fisher was to sell and deliver -to" the defendant iron of certain qualities at certain prices, as required by specifications of the defendant. This action is to recover a price -named in the contract for one shipment of 32,537 pounds delivered to the defendant on or .about April 12,1900, and used' by him, less 3,079 pounds returned in July, 1900. The defendant answers that this iron was rejected by him as not .up to the standard 'of, the •contract; that Fisher acquiesced in such rejection and…
2Cases cited6 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Brown v. . FosterNew York Court of Appeals · 1888
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Lowenstein v. Lombard Ayres & Co.Appellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- United States of America for Use of N. Maltese and Sons, Inc., Cross v. Juno Construction Corp. And Insurance Company of North America, CrossCourt of Appeals for the Second Circuit · 1985
- Engelberg v. SebastianiCalifornia Supreme Court · 1929
- Calnon v. Fidelity-Phenix Fire Ins.Nebraska Supreme Court · 1925
- Worthington Corp. v. El Chicote Ranch Properties, Ltd.California Court of Appeal · 1967
7 more not listed; retrieve them via the Exa API.