De Witt v. Berry
Supreme Court of the United States
ERROR TO THE CIRCUIT' COURT OE THE TOOTED ¿STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. ’ This action was commenced in the Marine Court of the city of New York,'to recover $1687.51, alleged to be due plaintiffs, for á quantity of varnish, etc.,'sold and delivered to; defendants .between November 9, 1881, and May 15, 1882. It ;was duly removed into the Circuit Court of the "United States for the Southern District-of New York, on. the petition, ■of the defendants,, the…
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ERROR TO THE CIRCUIT' COURT OE THE TOOTED ¿STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. ’ This action was commenced in the Marine Court of the city of New York,'to recover $1687.51, alleged to be due plaintiffs, for á quantity of varnish, etc.,'sold and delivered to; defendants .between November 9, 1881, and May 15, 1882. It ;was duly removed into the Circuit Court of the "United States for the Southern District-of New York, on. the petition, ■of the defendants,, the plaintiffs being citizens • of' Michigan, the defendants citizens of New York, and the-.amount.'.sought' to be recovered,…
1Opinion of the CourtJustice LaMar
It is not necessary to examine the sixteen assignments of. error in detail When analyzed they are resolved into one or other of these three propositions :(1). That under a contract for. the future delivery of goods, such as was made in this case, and by the terms of this- agreement, it was still necessary that the goods delivered should conform tó a common commercial standard, and should he adapted to the known uses of the vendee, notwithstanding'the express terms of the written'contract.(2) That the court erred in refusing to treat the previous contract between Berry Brothers and the De Witt…
2Cases cited12 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Dushane v. BenedictSupreme Court of the United States · 1887
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Martin v. ColeSupreme Court of the United States · 1881
- White v. National BankSupreme Court of the United States · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Smith, Et Vir v. Burdine's, Inc.Supreme Court of Florida · 1940
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
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