Van Ingen v. Marx
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Edward H. Van Ingen and others against the Max Marx, a domestic corporation. From a judgment for plaintiffs, defendant appeals. Reversed and remanded.
1Opinion of the CourtBijur, J.
Plaintiffs sue for goods sold and delivered. The only defense litigated was that plaintiffs had orally agreed to an extension agreement signed by all of defendant’s other creditors, but had, in violation of their oral agreement, refused to sign such written contract. In moving for the direction of a verdict, plaintiffs pointed out, first, that the party that the defendant claimed to have made the agreement of extension with, one Earon, had not been shown to have authority of the plaintiffs to make the extension; second, that defendant had not complied with the provisions of the extension…
2Cases cited5 opinions
- Lowenstein v. . Lombard, Ayres Co.New York Court of Appeals · 1900
- Martin v. . FarnsworthNew York Court of Appeals · 1872
- Hill v. . MillerNew York Court of Appeals · 1879
- Molloy v. Whitehall Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Cohen v. GoldsteinAppellate Terms of the Supreme Court of New York · 1911