Allen v. . Aguirre
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a judgment rendered in the Court of Common Pleas of the city and county of New York, upon a verdict in favor of the plaintiff, had been affirmed, on error.
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Appeal from the general term of the Supreme Court, in the first district, where a judgment rendered in the Court of Common Pleas of the city and county of New York, upon a verdict in favor of the plaintiff, had been affirmed, on error. (Reported below, 10 Barb. 74.)1 This was an action of assumpsit, upon a special agreement of the defendants, that if the plaintiffs would buy of them 8900 boxes of damaged raisins, at $1.70 per box, to be paid for in cash, on delivery, deducting 3f per cent, for cash payment, the plaintiffs should have the benefit of, and be paid by the defendants, the amount…
1Opinion of the CourtWatson, J.
I entirely concur with the supreme court in the opinion pronounced by them in this case. The contract between the parties in this suit, was not made by the broker, but by themselves. It was simply this; the defendants agreed to sell the plaintiffs 8900 boxes of raisins at $1.70 per box, to be paid for in cash on delivery, deducting 3| per cent, for cash payment, the-plaintiffs to have the benefit of, and to be paid by the defendants, the amount of such return-duties as the government should allow the defendants. The raisins were in a damaged state, and the plaintiffs agreed to take them as…
2Cases cited1 opinion
- Munsell v. LewisNew York Supreme Court · 1845
3Cited by2 opinions
- Allen v. AguirreNew York Court of Appeals · 1852
- Lawrence v. GallagherThe Superior Court of New York City · 1877