Trevor v. . Wood
New York Court of Appeals
Appeal from a judgment of the Supreme Court rendered at General Term, in the first district, reversing a judgment entered upon the report of Hon. Wm. Mitchell, referee, and ordering a new trial before the same referee. The appellants have stipulated that if the judgment be affirmed, judgment absolute may be entered against them.
Read the full summary
Appeal from a judgment of the Supreme Court rendered at General Term, in the first district, reversing a judgment entered upon the report of Hon. Wm. Mitchell, referee, and ordering a new trial before the same referee. The appellants have stipulated that if the judgment be affirmed, judgment absolute may be entered against them. The appellants are dealers in bullion in Hew York, and the respondents are dealers in bullion in New Orleans, In 1859 they agreed to deal with each other in the purchase and sale of dollars, and that all communications between them in reference to such transactions…
1Opinion of the CourtScrugham, J.
The offer of the respondents was made on the 31st of January, and they .did not attempt to revoke it until the 3d of February. The offer was. accepted by the appellants before, but the respondents did not obtain knowledge of the acceptance until after this attempted revocation. The principal question, therefore, which arises in the case, is whether a contract was created by this acceptance before knowledge of it reached the respondents.
The case of Mactier v. Frith, in the late- Court of Errors (6 Wend., 103), settles this precise question, and was so regarded by this court in Vassar v. Camp…
2Cases cited1 opinion
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by39 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Shubert Theatrical Co. v. RathCourt of Appeals for the Second Circuit · 1921
- McCully's Adm'r v. Phœnix Mutual Life Ins.West Virginia Supreme Court · 1881
34 more not listed; retrieve them via the Exa API.