Morgan v. Onward Construction Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Rollin L. Morgan, receiver of the Diamond Soda Water Manufacturing Company, against the Onward Construction Company. From a judgment for plaintiff, defendant appeals. Modified and affirmed.
1Per curiam
The plaintiff in this action entered into a written agreement for the delivery of a carbonating machine to the Ansonia Hotel. The contract was signed in the individual' name of Louis A. Hostetter, who was the managing stewart at the Ansonia. After the execution of the contract the carbonating machine was delivered. It stayed there six months or more. Payment for the use of the machine was to be monthly, and all the monthly payments were made for the rental of the machine. One of the conditions of the contract was that syphons were to be delivered free, so that the water carbonated by the…
2Cases cited1 opinion
- Cefola v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1908