Passaic Manufacturing Co. v. Hoffman
New York Court of Common Pleas
Appeal by the defendants from a judgment entered upon the report of a referee. This action was brought to recover the difference between the contract price of thirty-eight “ warps,” and the price realized at an auction sale of the goods, upon the defendant’s failure to receive them under the alleged contract. The defendants by their answer denied the allegations of the complaint, and alleged that the contract was null and void under the statute of frauds.
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Appeal by the defendants from a judgment entered upon the report of a referee. This action was brought to recover the difference between the contract price of thirty-eight “ warps,” and the price realized at an auction sale of the goods, upon the defendant’s failure to receive them under the alleged contract. The defendants by their answer denied the allegations of the complaint, and alleged that the contract was null and void under the statute of frauds. The action was referred to Livingston K. Miller, Esq., and upon the trial it appeared that the plaintiffs were manufacturers of cotton duck…
1Opinion of the Court
By the Court.*
Daly, Chief Justice.
The first question,, and indeed the main one in this case, is whether the contract upon which the action was brought, was void by the Statute of Frauds. It involves these inquiries, (1.) whether the contract was one within the statute ; (2.) if it was, whether there was a *503sufficient note or memorandum in writing, and (3.) whether there was that partial delivery and acceptance of a portion of the goods which the statute requires.
What the statute has in terms declared void is, every contract for the sale of goods, chattels or things in action, for the price of…
2Cases cited23 opinions
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Wright v. . WeeksNew York Court of Appeals · 1862
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Sprague v. BlakeNew York Supreme Court · 1838
- McKnight v. . DunlopNew York Court of Appeals · 1851
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cooke v. . MillardNew York Court of Appeals · 1875
- Hinds v. KelloggNew York Court of Common Pleas · 1891
- Roubicek & Zobel v. HaddadSupreme Court of New Jersey · 1902
- Millar v. FitzgibbonsNew York Court of Common Pleas · 1881
- Alfred Shrimpton & Sons, Ltd. v. DworskyNew York Court of Common Pleas · 1892
10 more not listed; retrieve them via the Exa API.