Legal Opinion · Dissent

Veneruso v. Spear & Co.

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

Decided February 13, 1914Published

Appeal by the defendant, Spear & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 13th day of January, 1913, upon the verdict of a jury for $750, and also from an order entered in said clerk’s office on the same dayj denying defendant’s motion for a new trial made upon the minutes.

1Dissent

Scott, J. (dissenting):

The defendant, a corporation, is engaged in the business of selling furniture, a large part of its business being conducted on what is known as the installment plan. On July 27, 1911, one of defendant’s collectors, accompanied by a driver and helper, called at plaintiff’s house to collect an installment due upon a sideboard which had been purchased by plaintiff’s brother-in-law. As to what took place the witnesses differ. The plaintiff’s story, supported by her mother and niece, is that defendant’s collector, who has since died, insisted upon examining a sideboard…

2Cases cited5 opinions

  1. Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
  2. Meehan v. MorewoodNew York Supreme Court · 1889
  3. Feneran v. Singer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
  4. O'Connell v. SamuelNew York Supreme Court · 1894
  5. Peddie v. GallyAppellate Division of the Supreme Court of the State of New York · 1905

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