Legal Opinion

Drucklieb v. Universal Tobacco Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905Published

Appeal by the defendant,'the Universal Tobacco Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of New York on the 24th day- of December, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hatch, J.:

This action was brought to recover the sum of $28,732.41, the purchase price of 754 bales of Turkish tobacco imported by the plaintiffs from Turkey and claimed to have been sold by them to -the defendant, and also to recover the further sum of $104.50, being premiums upon fire insurance paid by the plaintiffs for the defendant. The defendant contends that there was no contract of sale of *472the tobacco, and that it never accepted the same when tendered by the plaintiffs. The order for the tobacco was contained in a written memorandum delivered by the defendant to the plaintiffs,…

2Cases cited6 opinions

  1. Hayden v. . DemetsNew York Court of Appeals · 1873
  2. Anderson v. . ReadNew York Court of Appeals · 1887
  3. McCormick v. . SarsonNew York Court of Appeals · 1871
  4. Huerzeler v. . C.C.T.R.R. Co.New York Court of Appeals · 1893
  5. Hankins v. . BakerNew York Court of Appeals · 1871

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