Buck v. Grimshaw
New York Court of Chancery
The following are the leading facts in this cause and upon which the decision of the Vice-Chancellor was given": On the twenty-fourth day of October, 1827, the complainant, Gurdon Buck, sold to John Grimshaw two hundred and twenty bales of cotton at ten cents in the pound. By the terms of sale, the cotton was to be paid for in cash on delivery; which was to be made on or before the third day of November then next ensuing.
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The following are the leading facts in this cause and upon which the decision of the Vice-Chancellor was given": On the twenty-fourth day of October, 1827, the complainant, Gurdon Buck, sold to John Grimshaw two hundred and twenty bales of cotton at ten cents in the pound. By the terms of sale, the cotton was to be paid for in cash on delivery; which was to be made on or before the third day of November then next ensuing. On the twenty-seventh day of October aforesaid, the complainant delivered, upon the order of the defendant Grimshaw, twenty-nine bales of the cotton, and which were taken…
1Opinion of the Court
The Vice-Chancellor.
No fraud is imputed in this .case either to John Grimshaw Or the firm of Sands," Spooner & Co» The circumstances which led to -the failure of the former and his consequent inability to fulfil his contract, appear to havd been entirely unexpected by all the parties; it becomes a question, therefore, between the complainant and the house of Sands, Spooner & Co. (both equally innocent) which is to bear-the loss occasioned by the failure ?
This depends, very much, if not entirely, upon the question %■ whether the delivery of the cotton by the complainant to Grimshaw was an…
2Cases cited4 opinions
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Chapman v. LathropNew York Supreme Court · 1826
- Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
- D'Wolf v. BabbettU.S. Circuit Court for the District of Rhode Island · 1826
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- Redewill v. GillenNew Mexico Supreme Court · 1887
- Wait v. GreenNew York Supreme Court · 1862