Legal Opinion

Heilbrunn v. Weislow

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1908Published

Appeal by the plaintiff, Isack Heilbrunn, from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, in favor of the defendant, rendered on the 21st day of September, 1908.

1Opinion of the Court

Hooker, J.:

Plaintiff sought to recover purchase price of goods sold to defendant, and on the trial at the close of all the evidence the complaint was dismissed. Plaintiff appeals. It was conceded on the trial that the defendant ordered a bill of goods amounting to sixty-five dollars and sixty-six cents, to be delivered at his place of business, the plaintiff claiming they were to be paid for in cash when delivered and the defendant insisting that nothing was said in reference to the terms of payment. The goods were actually delivered at defendant’s place of business by plaintiff’s agent, and…

2Cases cited2 opinions

  1. Horst v. Montauk Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1907
  2. Horst v. . Montauk Brewing CompanyNew York Court of Appeals · 1908

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