Austin v. Heermance Storage & Refrigerating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Barnett 0. Golding, 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 30th day of March, 1921, denying defendant’s motion for judgment on the pleadings consisting of an amended complaint and demurrer thereto.
1Opinion of the Court
Greenbaum, J.:
The action is brought in replevin to recover possession of 1,500 cases of raisins as the property of the plaintiff.
The complaint alleges an agreement between Golding and the California Associated Raisin Company for the purchase of 1,500 cases of raisins sold f. o. b. coast (meaning Pacific coast), destination New York, to be shipped to the order of the seller on credit of ten to thirty days; that the said raisins were thereafter shipped to the defendant Golding and paid for; thafc on or about the 6th day of October, 1919, at the city of New York plaintiff and defendant entered…
2Cited by2 opinions
- International Import & Export, Corp. v. EpsteinNew York Supreme Court · 1947
- Smith Motor Car Corp. v. Universal Credit Co.City of New York Municipal Court · 1934