Rothenberg v. Shapiro
New York Supreme Court
Action by Isaac Rothenberg and another against Max Shapiro. On demurrer to a counterclaim. Demurrer sustained.
1Opinion of the Court
POOLEY, J..
The counterclaim in question sets up facts relative to the sale upon which the complaint counts, the answer first alleging, *149in effect, a general denial. It is not alleged that the goods were returned, or that' there was an offer to return them, or that any notice was given the vendor that the goods were claimed to be of inferior quality. The property was perishable fruit, viz., peaches in baskets. They were unloaded and presumably sold or used by the defendant.
The case involves the construction of section 130 of the Personal Property Law (Laws 1911, c. 571), which reads:
“Acceptance…
2Cited by7 opinions
- W. S. Maxwell Co. v. Southern Oregon Gas Corp.Oregon Supreme Court · 1937
- In Re Gotham Silver Co.District Court, S.D. New York · 1950
- Dowdle v. YoungCourt of Appeals of Arizona · 1965
- Fairbanks v. Consolidated Fisheries Co.District Court, D. Delaware · 1950
- Kugelman v. RitterAppellate Terms of the Supreme Court of New York · 1915
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