Bradford Co. v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James H. Dunn, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of April, 1919, denying defendant’s motion for leave to serve and file an amended answer to the second amended complaint.
1Opinion of the Court
Page, J.:
The action is brought to recover the prospective profits on a contract for the purchase of 20,000 horses at an average price of $174 apiece. The contract contained a clause that-it would not be binding on the plaintiff unless a certain bank confirmation covering the entire purchase was delivered to the plaintiff by defendant’s banker on or before May 11, 1915. The alleged failure to cause such confirmation to be delivered is the breach of the contract alleged in the complaint. The defendant is a British subject residing in London, England. The plaintiff is a foreign corporation…
2Cases cited7 opinions
- German-American Coffee Co. v. . DiehlNew York Court of Appeals · 1915
- Bean v. . FlintNew York Court of Appeals · 1912
- People ex rel. Browning v. StoverAppellate Division of the Supreme Court of the State of New York · 1911
- F. J. Emmerich Co. v. W. & J. SloaneAppellate Division of the Supreme Court of the State of New York · 1905
- Davis Provision Co. v. Fowler Bros.Appellate Division of the Supreme Court of the State of New York · 1897
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3Cited by4 opinions
- Pratt-Hewit Oil Corp. v. HewitTexas Supreme Court · 1932
- In re the Arbitration Between Vanguard Films, Inc. & Samuel Goldwyn Productions, Inc.New York Supreme Court · 1947
- Helme v. BuckelewAppellate Division of the Supreme Court of the State of New York · 1920
- Sukosky v. Philadelphia & Reading Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1919