Boessneck v. William Taylor Son & Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City Court of the city of Hew York, entered on the verdict of a jury under direction of the court in favor of plaintiffs.
1Opinion of the CourtGildersleeve, J.
The action is for goods sold and delivered between March 16, 1902, and May 9, 1902. The sale, delivery and nonpayment are conceded. The defense is based upon a counterclaim arising out of a transaction had about a year previous, and presents the only issue tried.
In June, 1901, plaintiffs sold and delivered to defendant, a corporation, by sample, certain summer goods known as “ mercerized grenadines,” a portion of which defendant in turn sold by sample to other dealers. The goods themselves were delivered in November, 1901, and were paid for on May 5, 1902. No express warranty is pleaded. No…
Also in this document: Concurrence.
2Cases cited3 opinions
- Dounce v. . DowNew York Court of Appeals · 1876
- Hooper v. . StoryNew York Court of Appeals · 1898
- Hooper v. StoryNew York Supreme Court · 1894
3Cited by2 opinions
- Cervitor Kitchens, Inc. v. ChapmanCourt of Appeals of Washington · 1972
- Cervitor Kitchens, Inc. v. ChapmanCourt of Appeals of Washington · 1972