Hibernia Bank & Trust Co. v. J. Aron & Co.
New York Supreme Court
1Opinion of the CourtSherman, J.
Defendant had sold through a broker to one Koerner, of New Orleans, by contract dated April 27, 1920, “ 400 tons of Java white Sugar tel quel ”— meaning “ as is ” — to arrive at New York from India. Koerner undertook to furnish the seller with a confirmed irrevocable letter of credit and thereby provide for payment for the sugar. He at once resold the sugar to Constantin, David & Co., of New Orleans, by a contract which described the merchandise as “ Java white sugar,” with a warranty that it was “ very desirable, equal to standard American granulated, 98 to 99 polarization.” It may be…
2Cases cited6 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Laudisi v. American Exchange National BankNew York Court of Appeals · 1924
- Frey & Son, Inc. v. E. R. Sherburne Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Welsh v. . GosslerNew York Court of Appeals · 1882
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3Cited by4 opinions
- Intraworld Industries, Inc. v. Girard Trust BankSupreme Court of Pennsylvania · 1975
- Johnston v. State BankSupreme Court of Iowa · 1972
- California Overseas Bank v. French American Banking Corp.California Court of Appeal · 1984
- California Overseas Bank v. French American Banking Corp.California Court of Appeal · 1984