Legal Opinion

Bready v. B. A. Wechsler Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1922PublishedCited by 5 opinions

Appeal by the defendant, B. A. Wechsler Co., Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of January, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 31st day of March, 1921, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

The complaint alleged a sale and delivery of goods to the defendant at the city of New York between the 3d and 23d of March, 1920; that the goods were of the fair and reasonable value of $4,489.62, and defendant promised and agreed to pay that amount therefor, but, although demand has been duly made, it has failed to pay any part thereof. Defendant put in issue the material allegations of the complaint and pleaded four separate defenses. One of the defenses consists of a plea of the Statute of Frauds. Another was a plea that the plaintiff was not the real party in interest. The…

2Cases cited1 opinion

  1. G. Robison & Co. v. KramAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by5 opinions

  1. Carter, Macy Co. v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1927
  2. Berkshire Cotton Manufacturing Co. v. CohenNew York Court of Appeals · 1923
  3. Berkshire Cotton Manufacturing Co. v. CohenAppellate Division of the Supreme Court of the State of New York · 1923
  4. In re Armour Ash Can Mfg. Co.Court of Appeals for the Second Circuit · 1928
  5. Hettrick Manufacturing Co. v. SrereMichigan Supreme Court · 1926

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