Legal Opinion · Dissent
Merryweather Goggle Co. v. La Valle
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1918Published
Appeal by the plaintiff from a judgment of the Broome County Court, entered in the office of the clerk of said county on April 8, 1918, affirming a judgment of the City Court of Binghamton in favor of defendant dismissing the complaint.
1Dissent
John M. Kellogg, P. J. (dissenting):
The plaintiff, a creditor of the Binghamton Auto Supply Company, brings this action against the defendant to recover his bill against said company, alleging that the defendant, when he bought the business of the company, assumed and agreed to pay the bill as a part of the purchase price, and introduced the following letter to prove his claim:
“ Binghamton, N. V., August 5th, 1917.
“ Merrywheather Goggle Co.,
“ New York, N. Y.:
“ Gentlemen.— The Binghamton Auto Supply Co. has been purchased by the writer, who has assumed all indebtedness. Kindly send itemized…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Seaver v. RansomAppellate Division of the Supreme Court of the State of New York · 1917