Pakas v. . Hollingshead
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1905, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment in the City Court action is not a bar to the cause of action set forth in the complaint herein.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1905, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment in the City Court action is not a bar to the cause of action set forth in the complaint herein. (Richmond v. D. & S. C. R. R. Co., 33 Iowa, 422 ; Mixer v. Williams, 17 Vt. 457 ; Johnson v. Allen, 78 Ala. 387; Simpson v. Crippin, L. P. [8…
1Opinion of the CourtO’Brien, J.
On the 30th of August, 1898, the defendants, by an executory contract in writing, agreed to sell and deliver to the plaintiff fifty thousand pairs of bicycle pedals, the goods to be delivered and paid for in installments, as specified in the contract. It has been found by the trial court that the defendants delivered two thousand six' hundred and eight pairs of pedals under the contract, and refused to make further deliveries. When the fact is established that the seller of goods to be delivered and paid for in installments, as in this case, refuses to deliver the goods, that amounts to a…
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Roehm v. HorstSupreme Court of the United States · 1900
- Howard v. . DalyNew York Court of Appeals · 1875
- Bendernagle v. CocksNew York Supreme Court · 1838
- Schell v. . PlumbNew York Court of Appeals · 1874
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3Cited by55 opinions
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- Sutcliffe Storage & Warehouse Co. v. United StatesCourt of Appeals for the First Circuit · 1947
- Seibert v. . DunnNew York Court of Appeals · 1915
- Ga Nun v. . PalmerNew York Court of Appeals · 1911
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
50 more not listed; retrieve them via the Exa API.