Gass v. Astoria Veneer Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Astoria Veneer Mills, from a judgment of. the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on- the 30th day of July, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, restraining the defendant from transferring or enforcing payment of a promissory note made by the plaintiff to the order of the defendant, and directing the surrender and cancellation’…
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Appeal by the defendant, the Astoria Veneer Mills, from a judgment of. the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on- the 30th day of July, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, restraining the defendant from transferring or enforcing payment of a promissory note made by the plaintiff to the order of the defendant, and directing the surrender and cancellation’ thereof.
1Opinion of the Court
Woodward, J.:
There is no substantial dispute as to the facts in this case. The plaintiff, on or about the 3d day of January, 1905, ordered from one John 33. "Vickery, an' agent of the International Mahogany Company, 25,000 feet of cypress lumber of specified quality and size, to be delivered to plaintiff free on board the dock in the city of New York, at the price of twenty-seven dollars per 1,000 feet, the plaintiff to pay- therefor by paying cash for the freight charges at the, time of delivery, and the balance by his promissory note payable in ninety days thereafter. On or about the 4th…
2Cases cited2 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
3Cited by6 opinions
- Gass v. MillsAppellate Division of the Supreme Court of the State of New York · 1909
- Gass v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Cohen v. JuddAppellate Terms of the Supreme Court of New York · 1912
- Gass v. Astoria Veneer MillsAppellate Division of the Supreme Court of the State of New York · 1909
- Manufacturers' Commercial Co. v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
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