Smith Co. v. Moscahlades
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Smith Company, Limited, from a judgment of the Supreme Court in favor of the defendants^ entered in the office of the clerk of the county of New York on the 14th day of April, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of May, 1919, denying the plaintiff’s motion for a new trial made upon the minutes
1Opinion of the Court
Laughlin, J.:
This is an action to recover the sum of $13,040, being the unpaid balance of the purchase price of 400 casks of codfish which plaintiff sold to defendants. Plaintiff delivered the fish on board of the steamship Stephana at St. Johns on October 4, 1916, and two days later the steamship while en route to New York was torpedoed and sunk by the German submarine “ TJ-53.” Plaintiff procured marine insurance, which did not include such a loss, on the shipment and no war risk insurance was obtained thereon. The counterclaims were for $2,000 paid on account of the purchase price of the…
2Cases cited31 opinions
- Burton v. United StatesSupreme Court of the United States · 1906
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Walls v. . BaileyNew York Court of Appeals · 1872
- Thames & Mersey Marine Insurance v. United StatesSupreme Court of the United States · 1915
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3Cited by17 opinions
- Harper v. HochstimCourt of Appeals for the Second Circuit · 1921
- Badhwar v. Colorado Fuel and Iron CorporationDistrict Court, S.D. New York · 1955
- Ronrico Corp. v. CommissionerUnited States Board of Tax Appeals · 1941
- Dwane v. WeilAppellate Division of the Supreme Court of the State of New York · 1922
- Andersen, Meyer & Co. v. Northwest Trading Co.Washington Supreme Court · 1921
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