Legal Opinion

Van v. Madden

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

Decided May 5, 1909PublishedCited by 11 opinions

Appeal by the defendant, .Q-eorge Madden, from so much of an order, of-.the Supreme -Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 3d day of February, 190,9, as denies the defendant’s motion for judgment on a counterclaim,

1Opinion of the Court

Smith, P. J.:

The complaint shows .that the plaintiff is a dealer jn circus and show tents, poles, .seats, etc. Upon the 20th day of May, 1908, he entered into a contract with one Mrs. B. ,F. Mitchell for the sale' of a complete outfit of tents for the performance of Uncle Tom’s Cabin and of accessories thereto. The said vendee was to pay the sum of $250 down and $2,5 per week thereafter until the- sum of $600 was paid, until which time the title was to remain in the plaintiff. On or about the 2d day of July, 1908, this defendant assumed the contract-of the vendee. About the 15th day of July,…

2Cases cited5 opinions

  1. Lipman v. Jackson Architectural Iron WorksNew York Court of Appeals · 1891
  2. Rothschild v. . WhitmanNew York Court of Appeals · 1892
  3. Bernheimer v. HartmayerAppellate Division of the Supreme Court of the State of New York · 1900
  4. People ex rel. Little v. WillseaNew York Court of Appeals · 1875
  5. Chamboret v. CagneyThe Superior Court of New York City · 1870

3Cited by11 opinions

  1. Adams v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910
  2. Union National Bank of Okmulgee v. JonesSupreme Court of Oklahoma · 1931
  3. Moore v. LynchNew York Supreme Court · 1927
  4. White v. Nemours Trading Corp.District Court, D. Massachusetts · 1923
  5. White v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1910

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