Webb v. Friedberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, E. V. Webb and another, from so much of a judgment of the Supreme Court in their favor, entered in the office of the clerk of the county of New York on the 14th day of April, 1921, upon the verdict of a jury rendered by direction of the court, as disallows certain of their claims against the defendants.
1Opinion of the Court
Laughlin, J.:
The complaint is in two counts. The first is for the agreed price and the second for the fair and reasonable value of tobacco alleged to have been sold and delivered by the plaintiffs to the defendants. The amount claimed in each count is the same, namely, $61,101.63, less $11,060.13 paid on account, and judgment is demanded for $50,041.50, the balance, together with interest. Eight separate items are involved in the action. The first two items related to two invoices of tobacco by the plaintiffs to the defendants on the 10th of December, 1919, the third to .tobacco so invoiced…
2Cases cited7 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- White v. . SchweitzerNew York Court of Appeals · 1917
- Butler Bros. v. HirzelAppellate Division of the Supreme Court of the State of New York · 1903
- Turner-Looker Co. v. AprileAppellate Division of the Supreme Court of the State of New York · 1921
- Baumann v. TannenbaumAppellate Division of the Supreme Court of the State of New York · 1908
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3Cited by1 opinion
- James T. Kelly, Jr., P. E., P. C. v. SchroeterAppellate Division of the Supreme Court of the State of New York · 1994