Legal Opinion

Turner-Looker Co. v. Aprile

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 1921PublishedCited by 6 opinions

Motion by the defendant, Antonio Aprile, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division, Fourth Department, in the first instance after the direction of a verdict in favor of the plaintiff at the close of the case upon a trial before the court and a jury at the Livingston Trial Term in June, 1920.

1Opinion of the Court

Hubbs, J.:

On the date of the sale involved in this case the plaintiff was a wholesale dealer in whisky at Cincinnati, 0. The defendant was doing business in Rochester, N. Y. On May 8, 1918, the defendant wrote to the plaintiff asking for prices on eighty-proof whisky and on bond whisky. On May tenth the plaintiff telegraphed to the defendant as follows:

“ Cincinnati, Ohio, May 10, 1918.
“ Antonio Aprils, 175 Jay St. cor. Kent, Rochester, N. Y.:
“ Letter received. Best price on Eighty proof six aught five. Can furnish you also fine Kentucky Whiskies Spring Sixteen or Seventeen at Three Ten per…

2Cases cited9 opinions

  1. Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
  2. Hayden v. . DemetsNew York Court of Appeals · 1873
  3. Dunham v. . MannNew York Court of Appeals · 1853
  4. Stokes v. . MacKayNew York Court of Appeals · 1895
  5. American Aniline Products, Inc. v. D. Nagase & Co.Appellate Division of the Supreme Court of the State of New York · 1919

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Rosenberg Bros. & Co. v. F. S. Buffum Co.New York Court of Appeals · 1922
  2. Barber-Greene Co. v. M. F. Dollard, Jr., Inc.Appellate Division of the Supreme Court of the State of New York · 1934
  3. Rosenberg Bros. & Co. v. F. S. Buffum Co.Appellate Division of the Supreme Court of the State of New York · 1922
  4. Webb v. FriedbergAppellate Division of the Supreme Court of the State of New York · 1921
  5. D'Aprile v. Turner-Looker Co.Appellate Division of the Supreme Court of the State of New York · 1924

1 more not listed; retrieve them via the Exa API.

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