Empire State Bag Co. v. McDermott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Michael F. McDermott and William J. Howard, a copartnership doing business under the name and style of McDermott & Howard, 'from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, in favor of the plaintiff, entered on the 4th day of August, 1903.
1Opinion of the Court
Woodward, J.:
The plaintiff brought this action to recover the purchase price of nine bales of second-hand burlap alleged to have been sold and delivered to the defendants at their request. The defendants admit the delivery to them of the burlap, but allege a breach of warranty and a rescission of the contract by them, followed by an actual return of the goods to the plaintiff.
The trial was before the court without a jury, and resulted in a judgment in favor of the plaintiff for the full amount claimed. Hpon rendering the judgment appealed from the trial court filed this memorandum : “ Mine…
2Cases cited4 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Shields v. PetteeThe Superior Court of New York City · 1848
- Simon v. WoodAppellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- Gant v. Cutting-Larson Co.City of New York Municipal Court · 1919