Schroeder v. Frey
New York Supreme Court
Appeal from circuit court, New Tork county. Action by Frederick A. Sehroeder and Isidore M. Bon against Daniel Frey, Isidore Frey and Jacob L. Haas, for the price of goods sold and delivered. Defendants appeal from a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial. Code Civil Proc.
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Appeal from circuit court, New Tork county. Action by Frederick A. Sehroeder and Isidore M. Bon against Daniel Frey, Isidore Frey and Jacob L. Haas, for the price of goods sold and delivered. Defendants appeal from a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial. Code Civil Proc. N. Y. § 880, provides that a deposition, taken and to be used within the state, other than the examination of a party, or expected party, must, within 10 days after it is taken, “be filed in the office of the clerk, or, if no action is taken, in the office…
1Opinion of the CourtDaniels, J.
The answers admitted the sale and delivery and the amount-unpaid upon the price of the goods, but the right of the plaintiffs to recover that price was resisted chiefly on the ground of bankrupt discharges issued to each of the defendants under the authority of the bankrupt laws of the United States. The regularity of the proceedings in which these discharges were issued was not impeached, but it was alleged in the reply that the plaintiffs had been induced to part with the goods, by reason of false and fraudulent representations made to them, prior to the sales and deliveries made, and…
2Cases cited2 opinions
- Palmer v. . HusseyNew York Court of Appeals · 1882
- Schroeder v. . FreyNew York Court of Appeals · 1889