Gourd v. . Healy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 14, 1911, affirming a judgment hi favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 14, 1911, affirming a judgment hi favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s recognition and approval of the writings of plaintiff embodying the terms of the agreement constituted an acceptance whereby those writings became the contract between the parties. (Watkins v. Rymill, L. R. [10 Q. B. D.] 178; Smith v. Hughes, L. R. [6…
1Opinion of the CourtWerner, J.
This action, which has been twice tried, was brought to recover the purchase price of fifty cases of wine. The original complaint contained the usual averments where there has been a bargain and sale but no delivery, and the answer was in substance a general denial. At the first trial the court directed a verdict for the plaintiff. The judgment entered upon this direction was reversed by the Appellate Division upon grounds set forth in an opinion (137 App. Div. 323) which will be referred to further on. After this reversal the plaintiff obtained leave to serve a supplemental complaint in…
2Cases cited5 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Moore v. . PotterNew York Court of Appeals · 1898
- Ackerman v. . RubensNew York Court of Appeals · 1901
- Gourd v. HealyAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by15 opinions
- United States v. Amalgamated Sugar Co.Court of Appeals for the Tenth Circuit · 1934
- Fisher Hydraulic Stone & Machinery Co. v. WarnerCourt of Appeals for the Second Circuit · 1916
- Perlman v. M. Israel & Sons Co.New York Court of Appeals · 1954
- Elias Sayour & Co. v. J. P. Stevens & Co.New York Supreme Court · 1954
- Stamford Extract Mfg. Co. v. Oakes Mfg. Co.Court of Appeals for the Second Circuit · 1925
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