William Randall & Sons, Inc. v. Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Garfield Worsted Mills, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of February, 1917.
1Opinion of the Court
Rich, J.:
This appeal is from an order of the Special Term granting the plaintiff’s motion to permit the taking of samples from each of thirty barrels of Hematine paste — a logwood extract — sold and delivered by plaintiff upon sample. The sole question presented is whether the Hematine paste contained in the thirty barrels delivered and in defendant’s possession is equal in quality to the sample given it at the time the contract of sale was entered into, and upon which such sale was based. During the trial of this issue the parties entered into an oral agreement in open court, which the…
2Cases cited6 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Greve v. Aetna Live-Stock Ins.New York Supreme Court · 1894
- Potter v. RossiterAppellate Division of the Supreme Court of the State of New York · 1905
- Smith v. BarnesThe Superior Court of the City of New York and Buffalo · 1894
- Sanford v. Commercial Travelers' Mut. Acc. Ass'n of AmericaNew York Supreme Court · 1895
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3Cited by9 opinions
- Meetings & Expositions, Inc. v. Tandy CorporationCourt of Appeals for the Second Circuit · 1974
- In re the Estate of MelzakNew York Surrogate's Court · 1934
- Park Inn Hotel, Inc. v. MessingNew York Supreme Court · 1962
- McManus v. New York Telephone Co.New York Supreme Court · 1958
- Cohn v. CohnNew York Supreme Court · 1923
4 more not listed; retrieve them via the Exa API.