Pollacek v. Scholl
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick P. Scholl, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, second district, in favor of the plaintiff, rendered on the 24th day of January, 1900, for seventy-three dollars and fifty cents.
1Opinion of the Court
Jenks, J.:
This action is brought for goods sold and delivered. The answer is a general denial and by way of a “ separate defense and as a counterclaim ” that the. goods were sold to the defendant by one Weigert with the representation 'that he was the owner thereof, and that defendant tendered in payment- a certain unpaid promissory note of the said "Weigert for forty-three dollars, of which the defendant was then the bona fide holder for value, together with the balance of said purchase price in cash.
The plaintiff and defendant were entire strangers. The undisputed evidence shows that…
2Cases cited3 opinions
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
- Wright v. . CabotNew York Court of Appeals · 1882
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1885