Legal Opinion

De Witt v. Monjo

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 10 opinions

Appeal by the plaintiff, William R. De Witt, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Hew York on the 10th day of March, 1899, upon the report of a referee dismissing the plaintiff’s complaint.

1Opinion of the Court

Rumsey, J.:

The action was brought to recover the balance due upon a sale of ■ goods by the Midland Steel Company, of which the plaintiff was assignee, to the defendant. From the judgment entered upon the report of the referee dismissing the complaint this appeal is taken.

It appears' that in the early part of the year 1896, the defendant, who was doing business under the name of Louis Mon jo, Jr., *534& Co., ordered from the Midland Steel Company a carload of steel, at the price of $759.32, upon a credit of sixty days. There was considerable delay in the shipment of the goods, and they were not…

2Cases cited2 opinions

  1. Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
  2. Hotchin v. SecorMichigan Supreme Court · 1860

3Cited by10 opinions

  1. Elkins v. Henry Vogt Machine Co.Supreme Court of Arkansas · 1916
  2. American Blakeslee Mfg. Co. v. Martin & SonMississippi Supreme Court · 1922
  3. T. W. Stevenson Co. v. PetersonWisconsin Supreme Court · 1916
  4. J. H. Lane & Co. v. United Oil Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1905
  5. Ceballos v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1904

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