Butler Bros. v. Hirzel
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term. Action by Butler Bros, against Charles E. Hirzel and another. Erom a judgment for defendants, plaintiffs appeal. Reversed.
1Opinion of the CourtPatterson, J.
At the trial of this action the complaint was dismissed, substantially on the ground that the cause of action therein set forth was not proven. The plaintiffs, a corporation, sought to recover the purchase price of merchandise which it alleged it sold and delivered to the defendants. A contract between the parties was proven. It consisted of an order in writing given by the defendants to the plaintiffs, and which, among other things, contains the following: “Please board the ss. ‘Allianca,’ Pier 57 N. R. on or before October 6th, goods marked and numbered as follows.” The articles ordered are…
2Cases cited3 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Dunham v. . MannNew York Court of Appeals · 1853
- Outwater v. DodgeNew York Supreme Court · 1827
3Cited by1 opinion
- Rothschild v. HarrisCity of New York Municipal Court · 1910