Burrows v. . Whitaker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 8 Him, 260.) This action was brought to recover for a quantity of lumber alleged to have been sold and delivered by plaintiff to defendant. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 8 Him, 260.) This action was brought to recover for a quantity of lumber alleged to have been sold and delivered by plaintiff to defendant. The facts appear sufficiently in the opinion. The contract being executory, title to a part of the lumber could not pass until it was all delivered. (Kein v. Tupper, 52 N. Y., 550, 555; 10 Hun, 227; Andrews v. Durant, 11…
1Opinion of the CourtMiller, J.
The most important question to be determined in this case relates to the single point whether there was a delivery of the lumber in dispute to the defendant. By the contract, which was entered into in the spring of 1872, the defendant was to pay the price agreed upon for all the good and culled lumber which the plaintiff should deliver at Travis’ Eddy, on the bank of the Delaware river, prior to the first rafting freshet in the spring of 1873. The delivery was commenced in the early part of December, continued until the middle of January, ox a little later, when a freshet-occurred, which…
2Cases cited9 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Andrews v. . DurantNew York Court of Appeals · 1854
- Olyphant v. BakerNew York Supreme Court · 1848
- Russell v. . CarringtonNew York Court of Appeals · 1870
- Kein v. . TupperNew York Court of Appeals · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Delaware, Lackawanna & Western Railroad v. United StatesSupreme Court of the United States · 1913
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
- Morgan v. KingWest Virginia Supreme Court · 1886
- Nash v. BrewsterSupreme Court of Minnesota · 1888
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