Temmer v. Zimmerman — 236 N.Y. 512

Majority

p. 512

Michael Temmer, Respondent, v. Leopold Zimmerman et al., Doing Business under the Firm Name of Zimmerman & Forshay, Appellants.

Headnote

Contract — purchase of foreign credit —failure to make delivery within reasonable time.

Temmer v. Zimmerman, 202 App. Div. 832 , affirmed.

(Argued March 19, 1923;

decided May 1, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 29, 1922, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover damages sustained by the plaintiff for the alleged breach of a contract by the defendants in failing to make a credit within a reasonable time of 20,000 Austrian kronen purchased on December, 13, 1916. The contract read as follows:

“ Memorandum

“ Zimmerman & Forshay

“ Members of New York Stock Exchange, 9-41 Wall St.

“ Payable Through

“ Wiener Bank Y.erein

■ “ Vienna

“ No. 1616 New York, Dec. 13, 1916.

“ Mr. Michael Temmer,

“135 West 117 St.:

“ In accordance with your request we will instruct our correspondents to remit to:

“ Ungarische Postsparkasse. at Budapest for acct. Mrs. Jacob Temmer Kr 20,000 - @ 11^ $2300—

“ It is important that you write to the payee to immediately acknowledge receipt of the money.

“ Delivery

“ guaranteed,

“ Zimmerman & Forshay,

“ By P.”

Osmond K. Fraenkel and Louis Werner for appellants.

Eugene Lamb Richards and Rutherford B. Meyer for respondent.

p. 513

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Pound, McLaughlin, Crane and Andrews, JJ. Not voting: Cardozo, J.