Simon v. Bierbauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, .Bruno W. Bierbauer, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of September, 1912, granting the plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
McLaughlin, J.:
The complaint alleges that on December 21, 1909, the Edinborough Publishing Company, plaintiff’s assignor, entered into a contract with the defendant by which it sold and delivered to him a set of books at the agreed price of $2,400, of which $130 was paid upon delivery and the balance agreed to be paid in installments of $130 each on, the first day of each succeeding month until the whole sum should be paid; that the install*507ments due on the 1st of January and February, 1910, were paid but those for the four succeeding months were not; that plaintiff, on June 14, 1910, brought…
2Cases cited6 opinions
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
- Honsinger v. . Union Carriage Gear Co.New York Court of Appeals · 1903
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1910
- Goldberg v. Eastern Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1910
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3Cited by5 opinions
- Pomeranz v. MoreCity of New York Municipal Court · 1946
- Schwartz v. Minsker Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Guggenheim v. GuggenheimNew York Supreme Court · 1916
- Steel v. HoltzerAppellate Terms of the Supreme Court of New York · 1913
- Statter v. StatterAppellate Division of the Supreme Court of the State of New York · 1956