Constantin v. A. H. & F. H. Lippincott, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in favor of the plaintiff and against the defendant.
1Opinion of the CourtPhilbin, J.
The plaintiff purchased from the defendant under a conditional bill of sale a soda water fountain. Upon the delivery of the fountain to plaintiff it was found that parts of it were broken.
The plaintiff now seeks to recover from the defendant the damages suffered because of such defective condition. The contract of. sale provided that the goods were “to be f. o. b. Philadelphia,” (the place of business of the defendant) “ and to be entirely at vendee’s risk at all times from and after delivery to vendee or to a carrier or transportation company.” The vendee was to pay the freight. The said…
2Cases cited2 opinions
- National Cash Register Co. v. South Bay Club House Ass'nNew York Supreme Court · 1909
- Edward Thompson Co. v. VacheronNew York Supreme Court · 1910
3Cited by1 opinion
- Kleinhans v. Canadian Pacific Railway Co.Appellate Terms of the Supreme Court of New York · 1922