Derleth v. Degraaf
The Superior Court of New York City
Appeal from a judgment entered on a verdict in favor of the plaintiff and against the defendants, and from an order denying a motion on behalf of the defendants and appellants, for a new trial on the judge’s minutes, and to set aside the verdict. The facts appear in the opinion. on the law on the questions considered by the court, argued :—I. The former action is a bar.
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Appeal from a judgment entered on a verdict in favor of the plaintiff and against the defendants, and from an order denying a motion on behalf of the defendants and appellants, for a new trial on the judge’s minutes, and to set aside the verdict. The facts appear in the opinion. on the law on the questions considered by the court, argued :—I. The former action is a bar. The defendants in that case alleged the facts of the transaction out of which the claim arose, and set up the same contract that is involved here. The action was not tried as upon an account" stated on either side. The…
1Opinion of the Court
By the Court.
O’Gorman, J.
The action is for goods alleged in the complaint to have been sold and delivered by Charles and Ferdinand Derleth, composing the firm of Derleth Brothers, in 1873 and 1874 to the defendants, composing the firm of Degraaf & Taylor. Both the plaintiffs and the defendants were engaged in the manufacture of furniture.
In June, 1875, the firm of Derleth Brothers, by an assignment in writing, transferred and assigned to one Henry Volkening, all their claims against Degraaf & Taylor, for goods sold and delivered, and on an account stated and settled between them on or about…
2Cases cited7 opinions
- Volkening v. . DegraafNew York Court of Appeals · 1880
- The People v. . VilasNew York Court of Appeals · 1867
- Palmer v. . HusseyNew York Court of Appeals · 1882
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Hynes v. . PattersonNew York Court of Appeals · 1884
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