Bach v. . Levy
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 8,1884, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. (Mem. of decision below, 18 J. & S. 519.) This action was brought to recover damages for alleged breach of a contract for the sale of a quantity of tobacco. The contract and the material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 8,1884, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. (Mem. of decision below, 18 J. & S. 519.) This action was brought to recover damages for alleged breach of a contract for the sale of a quantity of tobacco. The contract and the material facts are set forth in the opinion. A mere liability to pay is not sufficient to maintain an action. (Southwick v. First Nat. Bk., 84 N. Y. 432; O'Brien v. Jones, 91 id. 197, 198; Burt v. Dewey, 40 id. 285.)…
1Opinion of the CourtDaneobth, J.
The plaintiffs compose the firm of Elias Bach & Son, and the defendants are copartners under the name of L>. Levy & Son. A contract was made between them by S. Wollenberg, a broker who delivered bought and sold notes, in these words:
“Yew Yobk, April 19, 1883.
“ Sold to Messrs. Elias Bach & Son, for account of Messrs. D. Levy & Son (175) one hundred and seventy-five Conn, seconds L. tobacco, crop 1882, by Packer’s samples. Mess. D. Levy & Son guarantee the tobacco to be like samples, and sound until after stripped sampling, July 1st, 1883.
“ Price 10¿ c., marked weight. Insurance guaranteed and…
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