Spiegel v. Lowenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin Lowenstein, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 8th day of February, 1913, upon the verdict of a jury rendered by direction of the court dismissing the defendant’s counterclaim and granting plaintiff the relief demanded in the complaint.
1Opinion of the Court
Lyon, J.:
The serious question involved upon this appeal is whether the communications by letter and telegram which passed between the parties hereto following the making of a verbal contract for the sale and delivery by respondent to appellant of personal property exceeding fifty dollars in value were sufficient to render the contract valid under the Statute of Frauds. The answer admitted the cause of action set forth in the complaint, but pleaded as a counterclaim damages to the amount of one thousand six hundred and seventy-two dollars and fifty cents by reason of the failure of the…
2Cases cited11 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Argus Co. v. . Mayor, Etc., of AlbanyNew York Court of Appeals · 1874
- Raubitschek v. . BlankNew York Court of Appeals · 1880
- Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Gibson v. De La Salle InstituteCalifornia Court of Appeal · 1944
- Papaioannou v. BritzAppellate Division of the Supreme Court of the State of New York · 1955
- GTP Leisure Products, Inc. v. B-W Footwear Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Delaware Mills, Inc. v. Carpenter Bros.Appellate Division of the Supreme Court of the State of New York · 1922
11 more not listed; retrieve them via the Exa API.