Legal Opinion

Rice v. . Butler

New York Court of Appeals

Decided November 21, 1899PublishedCited by 44 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 18,1898, reversing a judgment of the County Court of Onondaga county and the Municipal Court of the city of Syracuse in favor of the defendant, dismissing the plaintiff’s complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The questions certified were as follows: First.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 18,1898, reversing a judgment of the County Court of Onondaga county and the Municipal Court of the city of Syracuse in favor of the defendant, dismissing the plaintiff’s complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The questions certified were as follows: First. Is the contract of purchase in the above-entitled action, so far as the moneys paid upon said contract are concerned, an…

1Opinion of the CourtHaight, J.

The appeal in this case is based upon the certificate of the Appellate Division to the effect that questions of law are involved which ought to be reviewed by this court. The action was brought in the Municipal Court of Syracuse to recover the sum of $26.25, paid by the plaintiff, a minor seventeen years of age, upon a contract for the purchase of a bicycle. The contract price was $15; $15 were paid upon the execution of the contract, and the remainder was to be paid in weekly installments of $1.25. The plaintiff purchased the wheel in June and used it until about the 20th of September and…

2Cases cited3 opinions

  1. McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
  2. Pyne v. WoodMassachusetts Supreme Judicial Court · 1888
  3. Gray v. LessingtonThe Superior Court of New York City · 1857

3Cited by44 opinions

  1. Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
  2. Sternlieb v. Normandie National Securities Corp.New York Court of Appeals · 1934
  3. Adamowski v. Curtiss-Wright Flying Service, Inc.Massachusetts Supreme Judicial Court · 1938
  4. Gillis v. GoodwinMassachusetts Supreme Judicial Court · 1901
  5. Joseph v. SchatzkinNew York Court of Appeals · 1932

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