Strasbourger v. . Leerburger
New York Court of Appeals
Appeal from a judgment entered March 19, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. . The right of action accrued when the breach occurred.
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Appeal from a judgment entered March 19, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. . The right of action accrued when the breach occurred. No tender of performance was required, for defendants’ conduct waived such ténder.' (Nichols v. Scranton Steel Co., 137 N. Y. 471, 485; Stokes v. Mackay, 147 N. Y. 223; Riendeau v. Bullock, 147 N. Y. 269; Smith v. Wetmore, 167 N. Y. 234; Brinley v. Nevins, 162 App.…
1Opinion of the CourtAndrews, J.
On October 18, 1917, the firm of Leerburger Brothers entered into a contract with Madero Brothers, Incorporated, by which they sold to the latter 20,000 ounces of quinine at 80 cents an ounce. The quinine was in Java but was to be delivered to the purchaser in New York. It was to be shipped in October or November and the terms of payment were net spot cash in New York funds on delivery of the documents.
The quinine reached New York early in May, 1918. Leerburger Brothers received the documents showing its arrival and their right to the goods on May 2. At this time Madero Brothers had been…
2Cases cited7 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Eddy v. . DavisNew York Court of Appeals · 1889
- Bigler v. . MorganNew York Court of Appeals · 1879
- Faber v. . City of New YorkNew York Court of Appeals · 1915
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- Lieberman v. . Templar Motor Co.New York Court of Appeals · 1923
- Henderson Tire & Rubber Co. v. P. K. Wilson & Son, Inc.New York Court of Appeals · 1923
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