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Glanzer v. Shepard

New York Court of Appeals

135 N.E. 275 (1922)

Facts

Glanzer Brothers (Glanzer) (plaintiff) contracted to purchase bags of beans from Bech, Van Siclen Company (Bech). Bech sent the beans to Shepard (defendant), a public weighing company, to be weighed. Shepard reported the weight to both contracting parties, and Glanzer paid Bech based on that weight. Glanzer later discovered that the beans weighed significantly less than Shepard reported and sued Shepard to recover what Glanzer had overpaid for the beans. The trial court entered judgment for Glanzer but, on appeal, a lower-level appellate court reversed on the grounds that Shepard had no contract with Glanzer and that Glanzer’s only available recourse was to sue Bech. An intermediate appellate court reversed and reinstated the trial judgment. Shepard appealed to the New York Court of Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Cardozo, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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