Legal Opinion

Carruth v. Rosenthal

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1908PublishedCited by 2 opinions

Appeal by the plaintiff, John Gr. Oarruth, doing business as John Gr. Oarruth & Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of January, 1908., opening the defendants’ default. ' ■ ■

1Opinion of the Court

Ingraham, J.:

This-action was brought to. recover the damages sustained by defendants’ refusal to accept certain goods, wares and merchan dise manufactured by the plaintiff for the defendants under a contract, a part of the goods having been delivered ' to and accepted and retained by .the defendants. The answer .is a general denial of the material allegations of the complaint. The action was placed upon the special calendar and called-.for trial in Part 2 on December .11, 1907. At that time the defendants’ attorney appeared and stated that the counsel who had been retained to try the case was…

2Cited by2 opinions

  1. Page v. DempseyAppellate Terms of the Supreme Court of New York · 1909
  2. Ryan v. Central Delivery Co.City of New York Municipal Court · 1916

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