Heilbronn v. . Herzog
New York Court of Appeals
Appeal from a judgment of the Appellate .Division of the Supreme Court in the first judicial department, entered October 26, 1898, affirming a judgment in favor of defendant entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate .Division of the Supreme Court in the first judicial department, entered October 26, 1898, affirming a judgment in favor of defendant entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial justice erred in holding that if the defendant, after the discovery of the fraud, offered to return the diamonds, and the plaintiffs refused to accept them, this, as a matter of law, was a waiver of the fraud, which barred the plaintiffs thereafter from…
1Opinion of the CourtWerner, J.
The action was brought to recover the purchase price of certain diamonds sold by the plaintiffs to the defendant. The complaint alleged the sale thereof on the 6th of August, 1896, at the agreed price of $2,450.12, and that defendant promised and agreed to pay said sum. This was followed by the allegation of non-payment, and that said amount was due and payable. The answer denied that the sum specified in the complaint, or any part thereof,' was then due and payable, and alleged that the goods were sold and delivered by the plaintiffs to the defendant upon a term of credit which had not…
2Cases cited5 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
- Crossman v. Universal Rubber Co.New York Court of Appeals · 1891
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
- Willson v. ForeeNew York Supreme Court · 1810
3Cited by17 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- In Re MeiselmanCourt of Appeals for the Second Circuit · 1939
- Brink's Express Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1930
- In re Gedney's WildNew York Surrogate's Court · 1913
- Tatum v. AckermanCalifornia Supreme Court · 1905
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