Van Praag & Co. v. Weinberg
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan, entered upon a verdict of a jury in favor of the plaintiff, and from an order denying a motion to set aside the verdict.
1Opinion of the CourtSeabury, J.
The plaintiff, a corporation, is engaged in the business of a commission merchant and auctioneer and, as such auctioneer, claims to have conducted a sale of merchandise, on July 20, 1908, and to have sold merchandise to the defendant for $1,885. The defendant representing himself to be financially responsible, no deposit upon this sale was required of him. He failed, however, to pay for the merchandise; and it was resold, on July twenty-ninth, and the plaintiff has recovered judgment for the difference between the amount of the original sale and the amount of the resale.
This case was before…
2Cases cited1 opinion
- Gunnaldson v. NyhusSupreme Court of Minnesota · 1881
3Cited by1 opinion
- Spear v. HoxsieNew York Supreme Court · 1937