Rosenstein v. Casein Manufacturing Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City-Court of the city of Hew York entered in favor of the plaintiff after a trial before the court and a jury, and also from an order denying defendant’s motion for a new trial.
1Opinion of the CourtScott, J.
The plaintiff sued for goods sold and delivered, alleging the' sale and delivery of thirty-nine barrels of a certain manufactured product known as casein.' The defendant, denying the contract set forth in the complaint, alleged an agreement for sale by sample; that thirty-nine barrels were received; that they did not conform to the sample, and that they were for that reason rejected. A counterclaim was also pleaded for freight paid' on the barrels received. At an early stage of the trial the plaintiff conceded, and indeed the evidence clearly showed, that the sale had been by sample, and the…
2Cases cited2 opinions
- Duryea, Watts & Co. v. RaynerAppellate Terms of the Supreme Court of New York · 1897
- Rose v. WellsAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Alper Blouse Co. v. E. E. Connor & Co.New York Court of Appeals · 1957
- Bodenmann Mfg. Co. v. LesserAppellate Terms of the Supreme Court of New York · 1910
- Friedman v. LedererAppellate Terms of the Supreme Court of New York · 1912