Roaring Spring Blank Book Co. v. Lesser
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Roaring Spring Blank Book Company against Harry Lesser. From a Municipal Court judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtHotchkiss, J.
The complaint, which was oral, was for goods sold and delivered. The defendant pleaded a general denial, also the statute of frauds, which raises the only point involved on this appeal. The trial court apparently adopted the version of the transaction given by the plaintiff’s witness Hastie, and on the whole case I think his testimony was more credible than that of the defendant, who alone testified on his own behalf.
The material facts are as follows: Hastie was the plaintiff’s agent in New York City, and on various occasions called on the defendant to sell him stationery. Four orders were at…
Also in this document: Concurrence.
2Cases cited5 opinions
- Wright v. . WeeksNew York Court of Appeals · 1862
- Coe v. . ToughNew York Court of Appeals · 1889
- Newbery v. . WallNew York Court of Appeals · 1875
- Waxelbaum v. SchlossAppellate Division of the Supreme Court of the State of New York · 1909
- J. Spencer Turner Co. v. RobinsonAppellate Terms of the Supreme Court of New York · 1907
3Cited by1 opinion
- Graham v. Henderson Elevator Co.Indiana Court of Appeals · 1916