Legal Opinion

Mason v. . Smith

New York Court of Appeals

Decided January 20, 1892PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 26,1889, which affirmed a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 26,1889, which affirmed a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The return of the gloves under the letters and bills accompanying them after the return and objections of October sixth, and the plaintiffs’ admissions of October twenty-second in reply and plaintiffs’ acceptance and retention of the gloves under those letters and bills are a…

1Opinion of the CourtHaight, J.

This action was brought to recover the contract price ior gloves sold.

The plaintiffs are manufacturers and importers of gloves at Johnstown, IST. Y.

The defendants are retail sellers of gloves and other dry goods in Kansas City, Mo.

On the 8th day of April, 1887, the defendants ordered from the plaintiffs a quantity of gloves of a specified quality and price, thereafter to be imported and delivered. On the 31st day of August, 1887, the gloves were shipped, and received by the defendants on September seventeenth thereafter. The defendants carefully examined every pair of gloves so received, and…

2Cases cited2 opinions

  1. Reed v. . RandallNew York Court of Appeals · 1864
  2. Beck v. . SheldonNew York Court of Appeals · 1872

3Cited by17 opinions

  1. Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
  2. Waeber v. . TalbotNew York Court of Appeals · 1901
  3. White v. . SchweitzerNew York Court of Appeals · 1917
  4. Hurley-Mason Co. v. Stebbins, Walker & SpinningWashington Supreme Court · 1914
  5. Smith v. CoeAppellate Division of the Supreme Court of the State of New York · 1900

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