Maddaloni Olive Oil Co. v. Aquino
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Anielo Aquino and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of December, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of December, 1918, denying defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Anielo Aquino and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of December, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of December, 1918, denying defendants’ motion for a new trial made upon the minutes. Since the entry of the judgment and order appealed from Giovanni Aquino, who was the defendant in the action, died and his executors were by order of the court substituted in his place as the defendants…
1Opinion of the Court
Smith, J.:
This action grows out of a contract between the plaintiff and the defendants’ testator for the purchase of 300 barrels of Italian wine. The written contract provided for sixty days’ credit. When the wine reached New York the defendant refused to deliver it without payment in cash therefor, and offered to prove a verbal contract subsequent to the written contract and before the wine arrived in New York that the payment should be made in cash and that the sixty days’ credit should be waived. Thereafter the plaintiff demanded the wine according to the terms of the original contract.…
2Cases cited4 opinions
- Swain v. SeamansSupreme Court of the United States · 1870
- Wright v. . WeeksNew York Court of Appeals · 1862
- Hill v. . BlakeNew York Court of Appeals · 1884
- Walter v. Victor G. Bloede Co.Court of Appeals of Maryland · 1901
3Cited by6 opinions
- Dessert Seed Co. v. GarbusCalifornia Court of Appeal · 1944
- Lyons Milling Co. v. CusimanoSupreme Court of Louisiana · 1926
- Banking & Trading Corp. v. Reconstruction Finance Corp.District Court, S.D. New York · 1956
- Murman v. ManningAppellate Terms of the Supreme Court of New York · 1925
- Parsons v. BachelorNew York Supreme Court · 1931
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