Blum v. Sadofsky
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Joseph Blum against Max Sadofsky and others. From a municipal court judgment in favor of defendants, plaintiff appeals. Affirmed.
1Opinion of the CourtGreenbaum, J.
This action was for goods sold and delivered. The defense was payment in the giving of a note of a third party. For the purposes of this appeal, it must be assumed that the justice found the facts upon which the judgment rests as testified to by defendants and their witnesses. The facts, briefly stated, show that the note in question was given pursuant to an understanding had at the time of the sale of the goods that the goods were not to belong to defendants unless the defendants’ note, which it had been originally agreed should be given, would be discounted by plaintiff’s bank; that…
2Cases cited3 opinions
- Noel v. . MurrayNew York Court of Appeals · 1855
- Dibble v. . RichardsonNew York Court of Appeals · 1902
- Schmidt v. LivingstonAppellate Terms of the Supreme Court of New York · 1896