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HAMILTON v. R. S. DICKSON & CO.

No. 384.

85 F.2d 107 (1936)

HAMILTON v. R. S. DICKSON & CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 27, 1936.

Attorney(s) appearing for the Case

Root, Clark, Buckner & Ballantine, of New York City (Herman T. Stichman and Richard E. Manning, both of New York City, of counsel), for appellant.

Wiley & Willcox, of New York City, (Alexander Wiley and Bertram F. Willcox, both of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff sold certain bonds to the defendant at an agreed price to be paid on delivery in New York. The Chase National Bank was the agent for the plaintiff to deliver the bonds and collect the purchase price. Under the contract delivery was to be made on or before 2:15 p. m. on March 2, 1933. Previous to that time the plaintiff's agent refused to take the defendant's check in payment and refused to accept its check to be certified. Instead...

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