Tanbro Fabrics Corp v. Deering Milliken, Inc

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: An action was brought by the buyer against seller and the seller's creditors for damages arising from failure to deliver goods. The Supreme Court, Special Term, Ivan Warner
• Citation: Tanbro Fabrics Corp v. Deering Milliken, Inc, 325 N.Y.S.2d 419, 29 N.Y.2d 690, 274 N.E.2d 751 (N.Y. 1971)
• Decision Date: 07 October 1971
• Parties: , 274 N.E.2d 751 TANBRO FABRICS CORPORATION, Respondent, v. DEERING MILLIKEN, INC., Appellant, and Mill Fabrics Corporation, Defendant.

Page 419

325 N.Y.S.2d 419

29 N.Y.2d 690, 274 N.E.2d 751

TANBRO FABRICS CORPORATION, Respondent, v. DEERING MILLIKEN, INC., Appellant, and Mill Fabrics Corporation, Defendant.

Court of Appeals of New York.

Oct. 7, 1971.

Appeal from Supreme Court, Appellate Division, First Department, 35 A.D.2d 469, 318 N.Y.S.2d 764.

An action was brought by the buyer against seller and the seller's creditors for damages arising from failure to deliver goods. The Supreme Court, Special Term, Ivan Warner, J., denied motion of seller's creditor to stay action and to compel arbitration and an appeal was taken.

The Appellate Division affirmed and held that where the extension of credit to the seller of fabric was made after sale of fabric and no express agreement existed between buyer and seller's creditor concerning sale, buyer was not bound by arbitration...