Fox v. Bernstein
New York Supreme Court
Action by Morris Fox and another against Samuel Bernstein and others, doing business under the firm name and style of S. Bernstein & Son. On motion for change of venue.
1Opinion of the CourtBissfll, J.
The action is based upon three written contracts relating to the purchase by the plaintiffs from the defendants of certain merchandise consisting of woolen rags for shipment from New York to England. One of the contracts was made in the city of Buf*334falo and the two others in the city of New York. The place of performance of all three of the contracts was in the city of New York, and the breach thereof, if there was a breach, as alleged in the complaint, was in the city of New York.
There is a sharp issue in the papers as to who broke the contracts. There is another issue as to the duties of the…
2Cases cited5 opinions
- Jacobs v. DavisAppellate Division of the Supreme Court of the State of New York · 1901
- Upjohn v. First Methodist Episcopal Society of Homer VillageAppellate Division of the Supreme Court of the State of New York · 1913
- Spanedda v. MurphyAppellate Division of the Supreme Court of the State of New York · 1911
- Church v. SwigertAppellate Division of the Supreme Court of the State of New York · 1904
- Neiman v. GardnerAppellate Division of the Supreme Court of the State of New York · 1911