Mason v. Valentine Souvenir Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Valentine Souvenir Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 6th day of May, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of May, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lyon, J.:
The question involved in this appeal is whether plaintiff’s right of action, if any, on account of delay in shipment, survived his failure to give notice of such breach of the contract within a reasonable time after acceptance.
The facts are practically undisputed. The plaintiff was a wholesale and retail dealer in picture postal cards and *825souvenir novelties at the summer resort of Pine Hill, N. Y., and had been so engaged for sixteen years. On November 25, 1913, he gave the defendant, a manufacturer of such cards, an order for 62,500 cards of views in and about Pine Hill and other…
2Cited by3 opinions
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Wildman Mfg. Co. v. Davenport Hosiery MillsTennessee Supreme Court · 1922
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1931