Legal Opinion

Marks v. Van Eeghen

Court of Appeals for the Second Circuit

Decided March 2, 1898No. 65PublishedCited by 12 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. This was an action for damages for breach of a contract of sale. In the circuit court there was a verdict and judgment for plaintiffs, and the defendant sued out this writ of error.

1Opinion of the Court

WALLACE, Circuit Judge.

This is a writ of error by the defendant in the court below to review a judgment for the plaintiffs entered upon the verdict of a jury/

The action was brought to recover damages for breach of contract to purchase sugar. It appeared in evidence that May 4, 1896, the plaintiffs, by their agent at New York City, entered into a contract with the defendant, whereby they agreed to sell and the defendant agreed to buy 5,000 bags of sugar, at a specified price, to be shipped by steamer from Holland in the following June or July, to New York or Baltimore. Evidence was given…

2Cases cited19 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
  3. Dingley v. OlerSupreme Court of the United States · 1886
  4. Smoot's CaseSupreme Court of the United States · 1873
  5. Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874

14 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
  2. In re SternCourt of Appeals for the Second Circuit · 1902
  3. Roehm v. HorstCourt of Appeals for the Third Circuit · 1898
  4. Southern Cotton-Oil Co. v. HeflinCourt of Appeals for the Fifth Circuit · 1900
  5. Tri-Bullion Smelting & Development Co. v. JacobsenCourt of Appeals for the Second Circuit · 1916

7 more not listed; retrieve them via the Exa API.

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