Legal Opinion

China & Japan Trading Co. v. Provand

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1913PublishedCited by 1 opinion

Appeal by the plaintiff, the China and Japan Trading Company, Limited, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 1st day of June, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the complaint.

1Opinion of the Court

Laughlin, J.:

The plaintiff is a domestic corporation engaged in buying and selling cotton piece goods, and it maintained a branch office and selling agency in Shanghai, China. The defendant was a resident of Manchester, England, and conducted a like business under the name of “A. Provand & Co.” Shortly prior to the 27th day of April, 1882, the plaintiff was about to establish an office or agency in London for the purchase of cotton goods for sale in China and Japan, and on the day last mentioned the plaintiff and defendant entered into an agreement in writing reciting these facts and setting…

2Cases cited8 opinions

  1. Marvin v. . BrooksNew York Court of Appeals · 1883
  2. Cassidy v. . HallNew York Court of Appeals · 1884
  3. Hackett v. . StanleyNew York Court of Appeals · 1889
  4. Spears v. . WillisNew York Court of Appeals · 1897
  5. Underhill v. JordanAppellate Division of the Supreme Court of the State of New York · 1902

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3Cited by1 opinion

  1. Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1926

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