Cary v. Appo
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Arthur D. Cary against St. John Appo. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
The facts in this case are not in dispute. It is conceded that on January 2, 1902, the defendant signed an order as follows:
A. No. 936.
C. No. 5936.
Special price to endorser.
25 Vol. $5.00 ea. $125. 14 ** Complimentary 70.
10% off $ 55. 5.50
$ 49.50
No agreement is valid other than embodied in this contract.
Jan. 2nd, 1902.
Avil Publishing Company, 3941 Market Street, Philadelphia—Gentlemen: Please deliver to me one set edition de Luxe of the “The Ridpath Library of Universal Literature,” in twenty-five volumes, bound in half Leather, for which I agree to pay yon $49.50 Dollars, payable as follows:…
2Cases cited4 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Coe v. . ToughNew York Court of Appeals · 1889
- Ideal Cash Register Co. v. ZuninoNew York Supreme Court · 1902
- Hallwood Cash Register Co. v. FinneganAppellate Terms of the Supreme Court of New York · 1903
3Cited by4 opinions
- Coyne v. Chatham Phenix National Bank & Trust Co.City of New York Municipal Court · 1935
- Hargrove v. CrawfordSupreme Court of Iowa · 1913
- Mendell v. WillyoungAppellate Terms of the Supreme Court of New York · 1903
- Hartman Coal Co. v. William J. Howe Co.City of New York Municipal Court · 1927