Hirsch v. Annin
Appellate Terms of the Supreme Court of New York
Appeal from a judgment, in favor of the defendants, rendered on the verdict of a jury, in the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
The plaintiffs, as manufacturers and importers of flags, received an order from the defendants on the 16th day of May, 1898. According to the testimony of defendants’ witnesses one-half of the merchandise was to be delivered within twenty-*229four hours and the balance at least two weeks prior to the Fourth of July. On the other hand the plaintiffs’ salesman who took the order states that the agreement contemplated various deliveries, one immediately, another in two or three weeks, and the remainder by the month of September.
A quantity of the flags had been delivered and paid for at least two…
2Cases cited4 opinions
- Westcott v. . ThompsonNew York Court of Appeals · 1858
- Miller v. SternAppellate Terms of the Supreme Court of New York · 1899
- Boas v. Thatcher Car & Construction Co.The Superior Court of the City of New York and Buffalo · 1894
- O'Donohue v. LeggettNew York Supreme Court · 1889
3Cited by2 opinions
- Bowser v. AtkinsonMissouri Court of Appeals · 1912
- Binger Co. v. BlumbergAppellate Terms of the Supreme Court of New York · 1912