Daly v. Lowenstein
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by John J. Daly against Benjamin Lowenstein. From a judgment for plaintiff, and from an order denying a motion for a new-trial, defendant appeals.
1Opinion of the CourtSeabury, J.
The complaint alleges that the plaintiff and defendant entered into a written agreement, whereby the plaintiff agreed to sell and the defendant to buy certain merchandise; that the plaintiff duly performed all the conditions of said agreement on his part to be performed, and was ready and willing to deliver the said merchandise on June 12, 1907, and on the said day duly tendered the same to the defendant, and sets forth the amount, quantity, and price of the merchandise so tendered. The complaint also alleges that the defendant refused to accept said merchandise, or to pay for the same, or…
Also in this document: Concurrence.
2Cases cited4 opinions
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Duryea, Watts & Co. v. RaynerNew York Court of Common Pleas · 1895
- Duryea, Watts & Co. v. RaynerAppellate Terms of the Supreme Court of New York · 1897
- Isaacs v. Terry & Tench Co.Appellate Terms of the Supreme Court of New York · 1907