Smith v. Salomon
New York Court of Common Pleas
Appeal from a judgment of this court entered upon an order dismissing the complaint made at a trial before Judge Robinson and a jury. This action was brought by Smith, the surviving partner of E. A. Smith & Brothers, against the defendants, who composed the firm of Salomon & Moral, to recover an unpaid balance of the price of goods sold and delivered.
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Appeal from a judgment of this court entered upon an order dismissing the complaint made at a trial before Judge Robinson and a jury. This action was brought by Smith, the surviving partner of E. A. Smith & Brothers, against the defendants, who composed the firm of Salomon & Moral, to recover an unpaid balance of the price of goods sold and delivered. The answer of the defendants admitted the sale, delivery and price, and set up as a defense that plaintiff’s firm, with other creditors of the defendants, had signed an agreement of composition, whereby plaintiff’s firm agreed to receive, in…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The plaintiffs signed the composition deed, by which they agreed to take fifty cents on the dollar, to be secured by the defendant’s promissory notes, indorsed by David Moral, the father of one of the defendants. The defendant had previously made an assignment, for the benefit of creditors, to one George Roth-stein, and to carry into effect the composition deed, an instrument was entered into by the defendants, by Rothstein,. the assignee, and by David Moral, the indorser of the composition notes, by which all the defendant’s property was-assigned to David…
2Cases cited4 opinions
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Jackson ex dem. Van Buren v. MyersNew York Supreme Court · 1821
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
- Russell v. RogersNew York Supreme Court · 1836
3Cited by7 opinions
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Sullivan v. Traders' Insurance Co. of ChicagoNew York Court of Appeals · 1901
- Haydon v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Cobb v. TirrellMassachusetts Supreme Judicial Court · 1884
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