Columbia Mills, Inc. v. Machenbach Importing Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in favor of the defendant.
1Opinion of the CourtLehman, J.
The plaintiff has brought an action to recover the agreed price of certain goods which it claims it sold and delivered to the defendant. The defendant does not deny that it agreed to buy the goods, which were to be manufactured, by the plaintiff, *285but it is undisputed that it never received the goods. It appears, however, that the plaintiff shipped the goods to the defendant’s place of business in Yonkers, N. Y., under a straight bill of lading, and apparently they were lost in transit. Both parties concede that the ease presents only a single question of law, to wit, did the property pass to…
2Cases cited2 opinions
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- White v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by4 opinions
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- District of Columbia v. Upjohn Co.Court of Appeals for the D.C. Circuit · 1950
- Consolidated Cut Stone Co. v. Atchison, T. & S. F. Ry. Co.District Court, N.D. Oklahoma · 1930
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945