Opinion

Sentenne v. Kelly

  • 13 N.Y.S. 529
  • 66 N.Y. Sup. Ct. 512
  • 37 N.Y. St. Rep. 162
  • 59 Hun 512
  • 1891 N.Y. Misc. LEXIS 1555
Court
New York Supreme Court
Filed
Mar 13, 1891
Status
Published
Author
Brunt
On the bench
Brien, Brunt
Cited by
9 cases

The opinion

Van Brunt, P. J.

(concurring.) I concur in the result. It does not appear that adjudications can alter the import of plain words in a contract. It seems to me that the fact that as without any words of expedition in the contract the plaintiff would have been bound to furnish the goods within a reasonable time, the addition of such words shows conclusively that the parties had in mind something in addition to xvhat the law implied. “Within a reasonable time” seems to mean within such time as can be done following the ordinary course of business; “as soon as possible” seems to mean as soon as can be done, using the greatest diligence.

Daniels, J. i concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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