Beck v. Donohue
Appellate Terms of the Supreme Court of New York
Appeal from a judgment, in favor of the plaintiff, rendered in the Municipal Court of the city of New York, borough of Manhattan, for the fifth district.
1Opinion of the CourtLeventritt, J.
This is an action for goods sold and delivered. The defendant pleads, in effect, that the transaction was a barter, not a sale. It appears that one Louis N. Auerbach, a salesman of the plaintiff, sought to obtain from the defendant, a saloon-keeper, an order for whisky. The latter, declining to purchase, offered' the use of the outer walls of his building for advertising purposes in exchange for whisky of an agreed money value. The acceptance *231of that proposition is evidenced by a memorandum signed by Auerbach. It is claimed by the plaintiff that he was ignorant of that, arrangement and there…
2Cases cited2 opinions
- Ritch v. . SmithNew York Court of Appeals · 1880
- Allen v. St. Lawrence County Farmers' InsuranceNew York Supreme Court · 1895
3Cited by6 opinions
- Miller v. AhrensU.S. Circuit Court for the District of Northern West Virginia · 1908
- Forman v. BerryAppellate Division of the Supreme Court of the State of New York · 1914
- Metropolitan Aluminum Manufacturing Co. v. LauAppellate Terms of the Supreme Court of New York · 1908
- Brooklyn Daily Eagle v. Bertin Dellmar, Ltd.Appellate Terms of the Supreme Court of New York · 1900
- Jones v. RichardsAppellate Terms of the Supreme Court of New York · 1906
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