Morse v. Canasawacta Knitting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Canasawacta Knitting Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Broome on. the 28th day of July, 1911, upon the decision of the court rendered after a trial at the Broome Special Term.
1Dissent
Houghton, J. (dissenting):
Although the defendant was wholly unjustified in refusing to accept delivery, nevertheless it seems to me the judgment for the plaintiffs cannot be sustained.
The action is brought to recover the market value of belting made especially for the defendant in compliance with its order. Confessedly, the belting was not manufactured by the plaintiffs, who were not engaged in the business of manufacturing, but by another manufacturing concern, not disclosed to defendant, to which they gave orders for the supplying and making of such belting as they might obtain orders and…
2Cases cited6 opinions
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Stone v. . BrowningNew York Court of Appeals · 1877
- Courtright v. StewartNew York Supreme Court · 1854
- Juilliard v. TrokieAppellate Division of the Supreme Court of the State of New York · 1910
- Waxelbaum v. SchlossAppellate Division of the Supreme Court of the State of New York · 1909
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