Bank of United States v. James McCreery & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James McCreery & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of May, 1923, upon the verdict of a jury. The defendant appeals upon both the facts and the law.
1Opinion of the Court
Martin, J.:
This action was brought upon an assigned claim for the price of goods sold and delivered. Two counts were set up in the complaint, but the first having been withdrawn upon the trial, the plaintiff’s recovery was only upon the second. Appellant contends that the issues were so beclouded by the charge and the denials of its requests to charge, that there was no real submission of the issues to the jury, and that there were errors in rulings on evidence and in the charge.
*138On February 1,1921, the defendant, James McCreery & Company, a department store, ordered from the plaintiff’s…
2Cases cited1 opinion
- Kirshman v. Crawford-Plummer Co.Appellate Division of the Supreme Court of the State of New York · 1914