National Cash Register Co. v. Schmidt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The National Gash Register 'Company, from a judgment of the Municipal Court of the City of New York, fifth district, borough of Brooklyn, rendered on the 5th day of October, 1899, dismissing the complaint upon the merits.
1Opinion of the Court
Willard Bartlett, J.:
As the justice of the Municipal- Court dismissed1 the complaint • on the merits, it must be assumed that he found all the facts neces-sary to -sustain the judgment -which any fair view of the evidence would warrant. Accepting the testimony-in behalf of the defendant as true, the transaction between the parties may be briefly stated : The defendant agreed to purchase a cash register from the plaintiff, 'for which he was to pay three hundred' dollars in all,' thirty dollars cash on delivery and the balance by giving notes. *473of twenty-five dollars each, payable monthly. The…
2Cases cited4 opinions
- Todd v. . GambleNew York Court of Appeals · 1896
- McConihe v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Devendorf v. WertNew York Supreme Court · 1864
- Kelso v. MarshallAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by11 opinions
- Gray v. BoothAppellate Division of the Supreme Court of the State of New York · 1901
- Mosler Safe Co. v. BrennerAppellate Terms of the Supreme Court of New York · 1917
- National Cash Register Co. v. LyonAppellate Division of the Supreme Court of the State of New York · 1939
- Sebring v. UnderhillNew York Supreme Court · 1926
- Fisher Hydraulic Stone & Machinery Co. v. WarnerU.S. Circuit Court for the District of Northern New York · 1911
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