Popper v. Seufert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles Seufert and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 8th day of March, 1911, upon the decision of the court rendered after a trial at the Fulton Trial Term, ‘a jury having been waived.
1Opinion of the Court
Smith, P. J.:
This appeal is from a judgment upon a bond given by defendants as a condition for the opening of a default which had been obtained by this plaintiff against one Franz Stoiber. The complaint in that action alleged that in 1907 the plaintiff was the owner of certain gloves valued at $600; that upon the 12th of December,' 1907, these gloves were delivered to the defendant Stoiber, who was made the plaintiff’s agent for the purpose of selling said goods for cash; and it was further agreed that upon the 26th day of December, 1907, the defendant should turn back to the plaintiff the…
2Cases cited2 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Doon v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- International Import & Export, Corp. v. EpsteinNew York Supreme Court · 1947