Adler v. . Zimmerman
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 2, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The sale of the whisky to Wormser was illegal and a violation of the National Prohibition Act.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 2, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The sale of the whisky to Wormser was illegal and a violation of the National Prohibition Act. The delivery of the check was an integral part of the illegal transaction and equally illegal and no recovery can be had upon it. (Crown Embroidery Works v. Gordon, 190 App. Div. 472; Sears v. U. S., 264 Fed. Rep. 257; S. G. D., etc.,…
1Opinion of the CourtCrane, J.
Louis Adler, the plaintiff, claims to have been an agent or broker for one Joseph Ryan in negotiating a sale to the defendants of thirty barrels of whisky which were delivered by truck at the defendants’ place of business in Yonkers. The purchase price of this whisky was $25,200, of which $20,000 was paid in cash, $5,200 by check drawn upon the Westchester Trust Company to the order of cash by Zimmerman and Wormser.
Adler says this checkjwas transferred to him by Ryan in payment of his services as broker in effecting the sale. Wormser says that Adler was the principal in the transaction, not…
2Cases cited6 opinions
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Court of Appeals · 1921
- Goodrich v. . HoughtonNew York Court of Appeals · 1892
- Peck v. . BurrNew York Court of Appeals · 1851
- Ernst v. . CrosbyNew York Court of Appeals · 1893
- Newman v. MoyersSupreme Court of the United States · 1920
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- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Bolivar v. MonnatAppellate Division of the Supreme Court of the State of New York · 1931
- Tench v. LawsonAppellate Division of the Supreme Court of the State of New York · 1929
- Lindner Appraisal Corp. v. H. Mabel Frewil Corp.New York Supreme Court · 1973
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