Barruso v. Madan
New York Supreme Court
This was an action of covenant. The declaration set forth a deed, containing several articles of agreement between the parties. The plaintiff is a Spanish merchant, and the defendant an inhabitant of Havanna. The plaintiff was authorised to ship several kinds of goods in Spanish or foreign vessels, to be imported into Spanish South America, under the conditions specified in the royal license assigned to him.
Read the full summary
This was an action of covenant. The declaration set forth a deed, containing several articles of agreement between the parties. The plaintiff is a Spanish merchant, and the defendant an inhabitant of Havanna. The plaintiff was authorised to ship several kinds of goods in Spanish or foreign vessels, to be imported into Spanish South America, under the conditions specified in the royal license assigned to him. The plaintiff agreed to enter into a co-partnership with the defendant, for the purpose of making four shipments to Buenos Ayres; and 1st. To transfer to such partnership all his powers…
1Opinion of the CourtSpencer, J.
The validity of the first plea depends upon this fact, whether, from the contract, it was necessary that the plaintiff should select or designate the merchandise, suitable for the enterprizc, before the defendant provided the vessel. The defendant’s counsel insist that the selection of the goods was a condition precedent.* With respect to such conditions, it is true, that no technical words are requisite to render a stipulation a condition precedent or subsequent, nor does it depend on the position of words, but it rests on the good sense and plain understanding of the contract, and the acts…
2Cited by11 opinions
- Lyon v. . HerseyNew York Court of Appeals · 1886
- Dose v. ToozeOregon Supreme Court · 1900
- Markham v. HuffordMichigan Supreme Court · 1900
- Baldwin v. ThibadeauNew York Court of Common Pleas · 1891
- Brassell v. WilliamsSupreme Court of Alabama · 1874
6 more not listed; retrieve them via the Exa API.