Heilbronn v. Herzog
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Justus Heilbronn and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk .of the county of Hew York on the 8th day of January, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of January, 1898, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was brought in form to recover the purchase price of a quantity of diamonds which the plaintiffs sold to the defendant on the 6th day of August, 1896. The complaint alleged a sale for a price presently to be paid, and demanded judgment for the amount of the purchase price. The answer denied that anything was due at the time of the commencement of thé action, and alleged that, the goods were sold by the plaintiffs to the defendant on credit, and that the term of the credit had not expired; but it did not deny the sale of the diamonds for the price claimed in the…
2Cases cited2 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Weston v. City of SyracuseNew York Supreme Court · 1894
3Cited by1 opinion
- Heilbronn v. HerzogAppellate Division of the Supreme Court of the State of New York · 1902