Manufacturers' Commercial Co. v. Rochester Ry. Co.
New York Supreme Court
Suit by the Manufacturers’ Commercial Company against the Rochester Railway Company and another on an assignment. Decree for, complainant. This action was brought against the Rochester Railway Company as sole defendant lo recover the price of certain railroad ties .purchased by it of the Ecclestim Lumber Company.
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Suit by the Manufacturers’ Commercial Company against the Rochester Railway Company and another on an assignment. Decree for, complainant. This action was brought against the Rochester Railway Company as sole defendant lo recover the price of certain railroad ties .purchased by it of the Ecclestim Lumber Company. A motion was made by the railway company for leave to pay the amount claimed into court and have Josiah W. Place, inter-pleaded as defendant, under section 820 of the Code of Civil Procedure. The motion, tor an interpleader was denied, but an order was granted joining the said Place…
1Opinion of the CourtSutherland, J.
In August, 1906, the Rochester Railway Company contracted to purchase of the" Eccleston Lumber Company 40,000 *991yellow pine ties, to be' delivered f. o. b. at Rochester at 59 cents per tie, the freight to be paid by the purchaser on arrival of the ties and deducted from the. purchase price, and the balance of the price for each shipment to be paid within 30 days after the delivery thereof. This contract was distinguished by the parties thereto as order No. 13,927. Other contracts for ties had been made between the same parties, which were not entirely fulfilled when order No. 13,927 was made…
2Cases cited9 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Holland v. . AlcockNew York Court of Appeals · 1888
- Brill v. . TuttleNew York Court of Appeals · 1880
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Central Trust Co v. West India Improvement Co.New York Court of Appeals · 1901
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3Cited by4 opinions
- Cox v. Greil Bros. Co.Supreme Court of Alabama · 1922
- Sidford & Greene, Inc. v. Wehmeyer Coal Co.New York Supreme Court · 1926
- Manufacturers' Commercial Co. v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Seaver v. Lindsay Light Co.New York Supreme Court · 1920