Keystone Watch Case Co. v. Romero
City of New York Municipal Court
Demurrer to the separate and distinct defense set forth in the fourth paragraph of defendant’s answer, on the ground that it is insufficient in law upon the face thereof.
1Opinion of the CourtO’Dwyer, J.
Demurrer to the separate and - distinct defense set forth in the fourth paragraph of defendant’s answer on the ground that it is insufficient in law upon the face thereof. The action arises for breach, of contract, in that the defendant has not returned certain samples delivered to him by the plaintiff. The contract shows that it is one of agency, the defendant being employed on commission to solicit orders in Cuba for the plaintiff. The samples, which have not been returned, were not intrusted to the defendant for sale, but for use in endeavoring to get orders for similar goods which were to…
2Cases cited6 opinions
- Commercial National Bank of Pennsylvania v. HeilbronnerNew York Court of Appeals · 1888
- Westcott v. . ThompsonNew York Court of Appeals · 1858
- Ames v. BeldenNew York Supreme Court · 1854
- Costello v. HerbstAppellate Terms of the Supreme Court of New York · 1896
- Morss v. StoneNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Niagara Alkali Co. v. Champion Coated Paper Co.Appellate Division of the Supreme Court of the State of New York · 1914