Westheimer v. Howard
Appellate Terms of the Supreme Court of New York
Appeal by plaintiffs from a judgment rendered in favor of defendant in the Municipal Court of the city of New York, seventh district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
The action was for goods sold and delivered; the defense, a discharge in bankruptcy. To meet this the plaintiffs showed that before and since the bankruptcy they were all nonresidents, residing in the city of Cincinnati, in the State of Ohio; that the schedule stated the plaintiffs’ claim as follows: “ F. Westheimer & Sons, 317 Main Street, New York City, Liquors, 134.27;” and they thereupon offered in evidence a deposition in which the following questions, among others, were put to one of them: “Did you at any time between August 22nd, 1901, and Hovember 4th, 1901, receive any notice that…
2Cases cited2 opinions
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
3Cited by6 opinions
- Custard v. WigdersonWisconsin Supreme Court · 1907
- Haack v. TheiseAppellate Terms of the Supreme Court of New York · 1906
- Weidenfeld v. TillinghastCity of New York Municipal Court · 1907
- Weidenfeld v. TillinghastNew York City Court · 1907
- Lutz v. KalmusAppellate Terms of the Supreme Court of New York · 1909
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