Dowdall v. George Borgfeldt & Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Charles E. Dowdall against George Borgfeldt & Co. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtGiederseeeve, P. J.
These are appeals from two judgments against the defendant, a New Jersey corporation. At the close of the testimony the learned trial judge directed a verdict in favor of the plaintiff for the full amount in both cases, and ordered judgment thereon. The actions were tried together, and each appeal presents the same questions for review by this court.
The claims are for merchandise sold and delivered to the defendant in February and March, 1906, and the actions were commenced in July and September, 1908. The defense is payment. It is undisputed that plaintiff had numerous dealings with the…
2Cases cited2 opinions
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Robinson v. . Chemical National BankNew York Court of Appeals · 1881
3Cited by6 opinions
- Hutzler v. Hertz Corp.New York Court of Appeals · 1976
- Burstein v. SullivanAppellate Division of the Supreme Court of the State of New York · 1909
- Siegel v. KovinskyAppellate Terms of the Supreme Court of New York · 1916
- Kay v. County of WayneMichigan Supreme Court · 1936
- Monacelli v. TraegerAppellate Court of Illinois · 1925
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