O'Brien v. Mendel
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Joseph F. O’Brien against William H. Mendel. From a judgment of the New York City Court, in favor of plaintiff, and from an order denying defendant’s motion for a new trial, he appeals. Reversed, and new trial ordered.
1Opinion of the CourtGiegerich, J.
The action was brought to recover the value of certain merchandise which the plaintiff alleges he sold to the defendant. The defendant pleaded a general denial. Upon the trial, and after the plaintiff’s evidence disclosed the nature of the agreement relied upon, the defendant was granted leave to amend his answer by setting up as a defense the statute of frauds. The question is *427whether the evidence showed an original contract on the part of the defendant or only a contract of guaranty.
From the evidence given on behalf of the plaintiff, it appeared that the plaintiff had been selling goods to…
2Cases cited3 opinions
- Brown v. . WeberNew York Court of Appeals · 1868
- Mechanics & Traders' Bank v. StettheimerAppellate Division of the Supreme Court of the State of New York · 1906
- Roscoe Lumber Co. v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1908