George Boiko & Co. v. Atlantic Woolen Mills, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Atlantic Woolen Mills, Inc., from an order and determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of said Appellate Term on the 29th day of March, 1920, affirming a judgment of the City Court of the City of New York in favor of the plaintiff, and an order denying defendant’s motion for a new trial.
1Opinion of the Court
Page, J.:
The plaintiff was engaged in the business of buying and selling woolen rags. The defendant was manufacturing shoddy for woolen mills, having its mill at Dryden, N. Y., and its office in the city of New York, with S. Bernstein & Sons, Inc., Mr. Solomon Bernstein being president of both corporations. The testimony of the plaintiff’s president, which the jury accepted, was briefly as follows: On July 8,1918, Mr. Bernstein called him on the telephone and asked whether he had khaki clippings, and he replied that he had and would - sell him two bales of overcoat clippings and one bale of…
2Cases cited4 opinions
- Cooke v. . MillardNew York Court of Appeals · 1875
- Bristol Manufacturing Corp. v. MillsMassachusetts Supreme Judicial Court · 1912
- Sanger v. . WaterburyNew York Court of Appeals · 1889
- Ferry v. South Shore Growers & Shippers Ass'nAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by9 opinions
- Berkshire Cotton Manufacturing Co. v. CohenNew York Court of Appeals · 1923
- Larkin v. GeisenheimerAppellate Division of the Supreme Court of the State of New York · 1922
- Economu v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1921
- Elias Sayour & Co. v. J. P. Stevens & Co.New York Supreme Court · 1954
- American Steel & Iron Co. v. L. B. Foster Co.New York Supreme Court · 1932
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