Legal Opinion

Portfolio v. Rubin

Appellate Terms of the Supreme Court of New York

Decided February 15, 1920PublishedCited by 2 opinions

Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of defendant,' after a trial by a judge without a jury.

1Opinion of the CourtBijur, J.

Nothing but a question .of law is involved in this appeal. The case was tried largely upon concessions from which it appears that the plaintiff had sold to the defendant “ four pieces of merchandise consisting of 215% yards, aggregating in all $638.99.” Defendant, claiming that two of these pieces were “ shaded and defective,” offered to return them, but kept and used the other two pieces.

The learned judge below found as a fact that the two pieces rejected were shaded and defective. Defendant tendered $311.91, and it was conceded that “ the return of those two (i. e., the rejected) pieces…

2Cases cited10 opinions

  1. Norrington v. WrightSupreme Court of the United States · 1885
  2. Pierson v. . CrooksNew York Court of Appeals · 1889
  3. Matter of Carnegie Trust CompanyNew York Court of Appeals · 1912
  4. In re Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
  5. Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873

5 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
  2. Rosing v. Parkside Mills, Inc.Appellate Terms of the Supreme Court of New York · 1921

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