Portfolio v. Rubin
Appellate Terms of the Supreme Court of New York
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
- Norrington v. WrightSupreme Court of the United States · 1885
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Matter of Carnegie Trust CompanyNew York Court of Appeals · 1912
- In re Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873
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3Cited by2 opinions
- Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
- Rosing v. Parkside Mills, Inc.Appellate Terms of the Supreme Court of New York · 1921