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Miller Bros. Hat Company v. A.D. Smith Sons Company

Miller Bros. Hat Company, Appellant, v. A. D. Smith Sons Company, Respondent

Miller Bros. Hat Co. v. A.D. Smith Sons Co., 143 N.E. 747 (N.Y. 1924)
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Court
New York Court of Appeals · State Highest Courts
Decided
February 19, 1924
Judges
<italic>Per Curiam</italic>.
Citations
143 N.E. 747237 N.Y. 5701924 N.Y. LEXIS 864

Opinion of the Court — Per Curiam

Per Curiam.

The plaintiff made out a prima jade case of breach of contract for the sale of goods. On the facts, the complaint should not have been dismissed, but the jury should have been permitted to pass on the question whether the delivery of the samples was referable to the principal order and in recognition and part performance thereof.

*572 The practice of submitting photostatic copies of exhibits unaccompanied by printed copies thereof is condemned and a repetition of the offense will lead to the rejection of the record.

The judgment should be reversed and new trial granted, with costs to abide the event.

His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur; Lehman, J., not sitting.

Judgments reversed, etc.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11949: 219242026peak 1949 · 2

Relies on it most ⓘ

  1. Howland v. Iron Fireman Manufacturing Co.215 P.2d 380 (Or. 1949)
  2. Howland v. Iron Fireman Mfg. Co.215 P.2d 380 (Or. 1949)
  3. Miller Bros. Hat Company v. A.D. Smith Sons Company144 N.E. 886 (N.Y. 1924)

Most recent

  1. Howland v. Iron Fireman Manufacturing Co.215 P.2d 380 (Or. 1949)
  2. Howland v. Iron Fireman Mfg. Co.215 P.2d 380 (Or. 1949)
  3. Miller Bros. Hat Company v. A.D. Smith Sons Company144 N.E. 886 (N.Y. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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