Legal Opinion

Ehrman v. Bassett

New York Supreme Court

Decided December 31, 1913Published

Appeal by the defendant, A1 Bassett, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of September, 1913, granting plaintiff’s motion for judgment on the pleadings.

1Opinion of the CourtMcLaughlin, J.

Action by an executrix to recover the purchase price of goods, wares and merchandise alleged to have been sold by her as such to the defendant.

The complaint alleged, in substance, that plaintiff’s testator died on January 13, 1913, leaving a last will and testament, which was admitted to probate and letters testamentary issued to her; that at various times between March 5 and May 9, 1913, as such executrix, she sold and delivered to the defendant, at his special instance and request, certain goods, wares and merchandise, upon which, at the agreed price, there remained due and payable $722.50.…

2Cases cited6 opinions

  1. Wetmore v. . PorterNew York Court of Appeals · 1883
  2. O'Brien v. . JacksonNew York Court of Appeals · 1901
  3. Bingham v. . Marine National BankNew York Court of Appeals · 1889
  4. O'Brien v. JacksonAppellate Division of the Supreme Court of the State of New York · 1899
  5. Leavitt v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1911

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