H. C. Miner Lithographing Co. v. Mittenthal Bros. Amusement Co.

Appellate Terms of the Supreme Court of New York

H. C. Miner Lithographing Co. v. Mittenthal Bros. Amusement Co.

119 N.Y.S. 1066

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 22, 1909

StatusPublished

This text of 119 N.Y.S. 1066 (H. C. Miner Lithographing Co. v. Mittenthal Bros. Amusement Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

H. C. Miner Lithographing Co. v. Mittenthal Bros. Amusement Co., 119 N.Y.S. 1066 (N.Y. Ct. App. 1909).

Pincite

Opinions

GIEGERICH, J.

The action is brought to recover the balance due for printing certain advertising bills of a play. Part of them were received and paid for by the defendant at various times from 1904 to 1909. The balance is in the hands of the plaintiff subject to the defendant’s order. When the printing was ordered, no time was stated with- ' in which it was to be used and paid for, and for this reason the defendant moved to dismiss the complaint; and this is the sole ground urged on this appeal.

The rule is that, when a contract specifies no time of payment and no time for delivery, payment is due as soon as the one contracting to furnish the goods has them completed and ready for delivery. Smack v. Cathedral of the Incarnation, 31 App. Div. 559, 52 N. Y. Supp. 168.

The judgment should be affirmed, with costs.

GOFF, J., concurs.

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