Bushnell v. Chautauqua County National Bank
New York Supreme Court
Appeal from a judgment entered on tbe decision of tbe Chautauqua Special Term, dismissing a complaint on a demurrer thereto.
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Appeal from a judgment entered on tbe decision of tbe Chautauqua Special Term, dismissing a complaint on a demurrer thereto. The action is brought to recover the sum of $2,500, which the complaint alleges was deposited by one Shaw, with the defendant, a banking corporation, organized under the act of congress passed 3d June, 1864, and which the defendant agreed to hold as security to the plaintiff, for the faithful performance, by Shaw, of a certain contract made by him with the plaintiff to buy and pay for 10,000 barrels of crude petroleum oñ. The complaint alleges that Shaw refused to…
1Opinion of the Court
Smith, J.:
The contract between the plaintiff and Shaw contains this provision : “ If no notice is given, contract to expire on the 31st day of December, 1874.” The notice referred to is the ten days’ notice which the buyer was to give to the seller before he could require a delivery of the oil. No notice having been given, the respondent’s counsel claims that the contract and all the rights and obligations created by it are at an end. Doubtless that conclusion would be correct if the words “ contract to expire ” were used in their literal sense. But the contract thus interpreted was no…
2Cases cited3 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Glenny v. HortonNew York Supreme Court · 1849
- Cropsey v. SweeneyNew York Supreme Court · 1858