Murphy v. . John Hofman Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in. the third judicial department, entered May 12, 1913, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The Federal court had exclusive jurisdiction to determine the title and right of possession of these chattels. (211 U. S. 562; 21 Am. Bank. Rep. 487; 178 U. S. 542; 102 U. S. 686; 10 Am. Bank.
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Appeal from a judgment of the Appellate Division of the Supreme Court in. the third judicial department, entered May 12, 1913, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The Federal court had exclusive jurisdiction to determine the title and right of possession of these chattels. (211 U. S. 562; 21 Am. Bank. Rep. 487; 178 U. S. 542; 102 U. S. 686; 10 Am. Bank. Rep. 608; 198 U. S. 539; 147 U. S. 508; 106 U. S. 196; 169 U. S. 432; 152 U. S. 327; 12 Am. Bank. Rep. 727; 71 N. Y. 601; 10…
1Opinion of the CourtCardozo, J.
The action is one to recover damages for conversion. In March, 1903, the Dodge Dry Goods Company gave an order to the defendant for show cases and counters. They were installed about June 5,1903, in the buyer’s place of business. Ón June 16 there came from the buyer a letter of complaint. There was complaint because there had been delay in the delivery of the fixtures. For this delay it was stated that a claim would be made for a reduction of the’ price. There was complaint that one case did not comply with the specifications, and the defendant was informed that “this case” was not accepted…
2Cases cited11 opinions
- Murphy v. John Hofman Co.Supreme Court of the United States · 1909
- Brown v. . FosterNew York Court of Appeals · 1888
- Andrews v. . DurantNew York Court of Appeals · 1854
- Moore v. . PotterNew York Court of Appeals · 1898
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
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3Cited by2 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1982
- Murphy v. John Hofman Co.Appellate Division of the Supreme Court of the State of New York · 1917