Jules Maes & Co. v. W. R. Grace & Co.
This text of 208 A.D. 833 (Jules Maes & Co. v. W. R. Grace & Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action for the purchase price of coffee shipped from Santos, Brazil, to New York, which was rejected by the defendant upon the ground that it was not of the quality contracted for. Plaintiff faded to introduce any evidence that the goods were of such quality. A dismissal of the complaint was therefore, proper for failure of proof. The judgment should be modified by adding “ for failure of proof, but not upon the merits,” and as so modified affirmed, with costs to the respondent. Present — Clarke, P. J., Merrell, Finch and Martin, JJ. Judgment modified by inserting after the word “ dismissed,” the following: “ for failure of proof, but not upon the merits,” and as so modified affirmed, with costs to the respondent.
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208 A.D. 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jules-maes-co-v-w-r-grace-co-nyappdiv-1924.