Ruffer v. Waterbury Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Ernest Buffer and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of July, 1918, upon the report of a referee appointed to hear and determine, dismissing the complaint.
1Opinion of the Court
Smith, J.:
The decision in this case must follow the decision in the case of Central Trust & Savings Co. v. Waterbury Co. (203 App. Div. 602). There are some distinguishing facts in the case, but none of them, I think, alters the principle of law which must be applied. The contracts in this case were made under the Dockendorff system, as amended in 1911. It is the same contract practically, therefore, as was passed upon in the case of Presser v. Central Trust & Savings Co. (189 App. Div. 721; affd., 232 N. Y. 573). In this case no note was given by the defendant to the plaintiff.
I am unable to…
2Cases cited3 opinions
- Presser v. Central Trust & Savings Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Presser v. . Central Trust and Savings CompanyNew York Court of Appeals · 1922
- Central Trust & Savings Co. v. Waterbury Co.Appellate Division of the Supreme Court of the State of New York · 1922