Cohen v. Judd
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of ¡New York, borough of Manhattan, second district.
1Opinion of the CourtLehman, J.
The plaintiff on February 8, 1912, went to defendant’s store and brought there, through a Mr. J. Donovan, eleven barrels of horseradish. Donovan told him that the horseradish was in cold storage and gave him an order upon the storage company for the delivery of the eleven barrels. The horseradish belonged to Donovan and the order was signed by Donovan in his own name. The defendant was present during the sale and the defendant stated: ■ “Any time you are ready to take it you can get it.” The defendant thereafter sent a bill to the plaintiff for ninety-four dollars and eighty-eight cents, the…
2Cases cited2 opinions
- Russell v. . CarringtonNew York Court of Appeals · 1870
- Gass v. Astoria Veneer MillsAppellate Division of the Supreme Court of the State of New York · 1907