Heilbronn v. Herzog
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Justus Heilbronn and another, 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 7th day of November, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Mew Yórk Trial Term.
1Opinion of the Court
Ingraham, J.:
The action was for goods sold and delivered. The answer admitting the allegations of the complaint alleges that the goods were sold and delivered by the plaintiffs to the defendant upon credit and alleged that the period of such credit had not, at the commencement of this action, expired. Upon the first trial of this action the defendant had a verdict which was affirmed by this court (33 App. Div. 311) but, upon appeal to the Court of Appeals, was reversed and a new trial ordered (165 N. Y. 98). The rule of law applicable, as stated by the Court of Appeals, is that, “ if the…
2Cases cited3 opinions
- Heilbronn v. . HerzogNew York Court of Appeals · 1900
- Hallahan v. WebberAppellate Division of the Supreme Court of the State of New York · 1896
- Heilbronn v. HerzogAppellate Division of the Supreme Court of the State of New York · 1898