Best v. Bauder
New York Supreme Court
The plaintiff brought this suit to recover for the purchase price of three hundred wine roots or plants, sold and delivered to the defendant on the 10th day of November, 1863. The defendant for his first defence alleged that the plaintiff in making the sale and agreement was engaged in the occupation of a pedler without license, as required by the revenue laws of the United States, to which the plaintiff demurred, on the ground that such facts were no. defence to an action…
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The plaintiff brought this suit to recover for the purchase price of three hundred wine roots or plants, sold and delivered to the defendant on the 10th day of November, 1863. The defendant for his first defence alleged that the plaintiff in making the sale and agreement was engaged in the occupation of a pedler without license, as required by the revenue laws of the United States, to which the plaintiff demurred, on the ground that such facts were no. defence to an action for the price.
1Opinion of the CourtParker, J.
This action is brought to recover for three hundred wine roots or plants, sold and delivered by the plaintiff to the defendant, on the 10th day of November, 1863. The defendant sets up in his answer as a deferice, that at the time of the sale set forth in the complaint, the plaintiff was engaged in the business of pedling, and selling and delivering, while traveling from house to house, and from place to place, through different parts of this state, certain articles represented by her to. be wine roots or plants, which the plaintiff conveyed from place to place, as aforesaid, in a wagon drawn…
2Cases cited3 opinions
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
- Seneca County Bank v. LambNew York Supreme Court · 1858
- Bell v. QuinThe Superior Court of New York City · 1848
3Cited by6 opinions
- Mandlebaum v. GregovichNevada Supreme Court · 1882
- Martin v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1897
- People v. EpsteanNew York Court of General Session of the Peace · 1918
- Christophersen & Kiaer, Inc. v. United States Navigation Co.City of New York Municipal Court · 1923
- Neuchatel Asphalt Co. v. Mayor of New YorkNew York Court of Common Pleas · 1894
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