Vanderhoef & Co. v. Youmans, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the city of New York, entered in favor of the defendant upon the verdict of a jury, and from an order denying a motion for a new trial.
1Opinion of the CourtWhitaker, J.
This action is for goods sold and delivered by the plaintiff to defendant between the 13th day of October and the 1st day of December, 1911, amounting to $544. The sale and the delivery of the goods are admitted. The defense set up by defendant is that plaintiff, subsequently to the delivery of the goods, and before the commencement of the action, for a valuable consideration agreed “ to sell to one George A. Turley or his assignee all its claim of every sort against the defendant and to wait and accept in full of account against the defendant the payment of a certain sum agreed upon,” which…
2Cases cited6 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Wangler v. . SwiftNew York Court of Appeals · 1882
- Hanover National Bank v. BlakeNew York Court of Appeals · 1894
- Raible v. Hygienic Ice & Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Citizens' Bank of Buffalo v. Rung Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1902
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3Cited by2 opinions
- Metro Burak, Inc. v. Rosenthal & Rosenthal, Inc.New York Supreme Court · 1975
- Gales-Rojac Corp. v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1956