Legal Opinion

The R. L. Company v. . Metz

New York Court of Appeals

Decided October 17, 1916PublishedCited by 6 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1916, which affirmed an order of Special Term overruling a demurrer to new matter set up in defendant’s amended answer.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1916, which affirmed an order of Special Term overruling a demurrer to new matter set up in defendant’s amended answer. The defense interposed and demurred to sets up the Statute of Frauds, in that the “ alleged agreement mentioned and described in the first cause of action set forth in the complaint was for the sale of goods at a price of more than fifty dollars; that neither the said agreement nor any note or memorandum thereof was ever made in writing and…

1Opinion of the Court

Order affirmed, with costs, and question certified answered in the affirmative; no opinion.

Concur: Willard Bartlett, Oh. J., Hiscook, Chase, Ohddebagk, Hogan and Pound, JJ. Not sitting: Cardozo, J.

2Cited by6 opinions

  1. Mortimer B. Burnside & Co. v. Havener Securities Corp.Appellate Division of the Supreme Court of the State of New York · 1966
  2. Large v. Wire Wheel Corp.Appellate Division of the Supreme Court of the State of New York · 1928
  3. Berg v. HoffmanNew York Court of Appeals · 1937
  4. Gorden v. WittyAppellate Division of the Supreme Court of the State of New York · 1921
  5. Atmanchuck v. Sterling Forest Corp.New York Supreme Court · 1962

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