Costello v. Herbst
Appellate Terms of the Supreme Court of New York
Appeal by defendant from affirmance by the General Term of the City Court of a judgment in favor of plaintiff.
1Opinion of the CourtMcAdam, J.
The action was to recover $623 and interest as a balance due for goods, which James C. Hadden, the plaintiff’s assignor, had delivered to the defendant at his request on his agreement either to pay therefor or return the goods. The defendant claimed that he received the goods upon consignment, to be held for the assignor’s account with power to sell, subject to all advances, commissions and charges incurred by him, the amount of which exceeded the value of the goods.
While the acts .of the parties assumed to an extent the form contended for by the defendant, the plaintiff’s assignor testified…
2Cases cited7 opinions
- Hays v. . HathornNew York Court of Appeals · 1878
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Beebe v. BullNew York Supreme Court · 1834
- Fish v. . BenedictNew York Court of Appeals · 1878
- Claflin v. New York Standard Watch Co.New York Court of Common Pleas · 1894
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3Cited by5 opinions
- Cook v. GrossAppellate Division of the Supreme Court of the State of New York · 1901
- Cook v. GrossAppellate Division of the Supreme Court of the State of New York · 1901
- Keystone Watch Case Co. v. RomeroCity of New York Municipal Court · 1901
- Herbert v. HumphreysAppellate Terms of the Supreme Court of New York · 1910
- Shafarman v. LomanAppellate Terms of the Supreme Court of New York · 1900