Legal Opinion

Toplitz v. King Bridge Co.

Appellate Terms of the Supreme Court of New York

Decided June 15, 1897PublishedCited by 9 opinions

Appeal by the defendant from an affirmance by the General Term of the City Court of a judgment entered upon the verdict of a jury in favor of the plaintiff for $1,097.02.

1Opinion of the CourtDaly, P. J.

The action was brought to recover for goods sold to the defendant by the Pottsville Iron & Steel Co., and the plaintiff sued as assignee of the company. The defendant, in its answer, after several denials upon information and belief, set up the appointment of receivers of the said company before the making of the assignment to the plaintiff, and that the assignment Was in fraud of the rights of the persons represented by the receivers and was made without consideration. The answer also contained a separate defense and counterclaim of damages for failure to deliver and ship the said goods…

2Cases cited3 opinions

  1. Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
  2. Parsons v. . SuttonNew York Court of Appeals · 1876
  3. Eagle Tube Co. v. Edward Barr Co.New York Court of Common Pleas · 1890

3Cited by9 opinions

  1. Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
  2. Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
  3. Barlow v. LandeCalifornia Court of Appeal · 1915
  4. Medart Pulley Co. v. Dubuque Turbine & Roller Mill Co.Supreme Court of Iowa · 1903
  5. In re the Probate of the Will of CaldwellNew York Surrogate's Court · 1945

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