Logourl black
From our private database of 14,200+ case briefs...

A.M. Knitwear Corp. v. All America Export-Import Corp.

New York Court of Appeals
359 N.E.2d 342 (1976)


Facts

All America Export-Import Corp. (All America) (defendant) ordered a large amount of yarn from A.M. Knitwear Corp. (AM) (plaintiff). All America sent AM an order form, on which All America wrote “FOB PLANT PER LB. $1.35” and “Pick Up from your Plant to Moore-McCormack Pier for shipment to Santos, Brazil.” All America hired a truck to pick up the yarn from AM’s plant. The trucker delivered an empty shipping container to AM’s plant, and then the left while AM loaded the yarn. AM loaded the yarn and notified All America that the shipment was ready for pickup. While the yarn was sitting at AM’s plant waiting to be picked up by All America’s trucker, a thief posed as the trucker and signed for the shipment. The thief then drove off, and the yarn was never seen again. All America refused to pay for the stolen yarn, and AM sued. AM argued that it had fully performed the contract by loading the yarn into the empty container. The Special Term agreed with AM and held that the risk of loss had passed to All America once AM loaded the yarn. The Appellate Division reversed, and AM appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Cooke, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.