Miller v. Stern
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the General Term of the City Court, affirming a judgment of the Trial Term, rendered on the verdict of a jury, in favor of defendant.
1Opinion of the CourtGildersleeve, J.
The plaintiff is the assignee of the claim of the firm of Robinsky & Asinof. The testimony is conflicting, but the defendant, in whose favor the jury found a verdict, offered evidence-to establish the following state of facts, viz.: The plaintiff’s assignors and defendant entered into an agreement, by the terms of which the former were to sell and deliver to the latter certain goods at certain prices. They sent samples, which were satisfactory; but when the bulk of the goods arrived, they were found to be unsuitable and not in accordance with the samples. Defendant returned the goods, which…
2Cases cited2 opinions
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Atkinson v. . TruesdellNew York Court of Appeals · 1891
3Cited by5 opinions
- Gallagher v. BairdAppellate Division of the Supreme Court of the State of New York · 1900
- McFadden v. ShanleyArizona Supreme Court · 1914
- Gallagher v. BairdAppellate Division of the Supreme Court of the State of New York · 1900
- Hirsch v. AnninAppellate Terms of the Supreme Court of New York · 1899
- California Pine Box & Lumber Co. v. Wasatch Orchard Co.Utah Supreme Court · 1911