Legal Opinion
John Berg Inc. v. Associated Spinners Inc.
City of New York Municipal Court
Decided June 25, 1951PublishedCited by 5 opinions
1Opinion of the CourtSchimmel, J.
This is a motion under subdivision 2 of rule 106 of the Buies of Civil Practice to dismiss a complaint upon the ground that the court has not jurisdiction of the subject of the action.
It is alleged in the complaint that plaintiff and defendant entered into an agreement for the sale of merchandise at a stipulated price; that the merchandise was delivered to the plaintiff; that within a reasonable time after such delivery the plaintiff examined the goods “ and ascertained that they were not of the kind which defendant had agreed to deliver ’ ’; that “ plaintiff thereupon elected to rescind the…
2Cases cited9 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Sager v. FriedmanNew York Court of Appeals · 1936
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
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3Cited by5 opinions
- Stream v. Sportscar Salon, Ltd.Civil Court of the City of New York · 1977
- Hirshon v. WhelanDistrict of Columbia Court of Appeals · 1955
- Joseph M. Whelan, T/a Cecil's Bakery v. Sydney HirshonCourt of Appeals for the D.C. Circuit · 1956
- Schillinger & Albert, Inc. v. Myral Hats, Inc.Civil Court of the City of New York · 1967
- Vine v. Piehler Pontiac Corp.New York Supreme Court · 1954