R. & L. Co. v. Metz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The R. & L. 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 21st day of December,' 1915, overruling a demurrer to certain portions of defendant’s amended answer.
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Appeal by the plaintiff, The R. & L. 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 21st day of December,' 1915, overruling a demurrer to certain portions of defendant’s amended answer. Order affirmed, with ten dollars costs and disbursements, with leave to plaintiff to withdraw demurrer on payment of costs in this court and in the court below, on the opinion of Pendleton, J., at Special Term.
1Opinion of the Court
The following is the opinion delivered at Special Term:
Pendleton, J.:
This is a trial brought on as a contested motion of an issue of law raised by plaintiff’s demurrer to a first separate defense in the amended answer to the first cause of action set forth in the complaint. The defense demurred to is the Statute of Frauds, to the effect that the agreement alleged is for the sale of goods and that the requirements of the statute were not complied with. The one question thus raised is whether the contract as alleged in the complaint is a contract to sell or a sale of goods within the meaning of…
2Cases cited8 opinions
- De Beerski v. . PaigeNew York Court of Appeals · 1867
- Van Alstine v. WimpleNew York Supreme Court · 1825
- R & L. Co. v. MetzAppellate Division of the Supreme Court of the State of New York · 1914
- The R. L. Company v. . MetzNew York Court of Appeals · 1915
- Combs v. BatemanNew York Supreme Court · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mortimer B. Burnside & Co. v. Havener Securities Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- Rugh v. SoleimOregon Supreme Court · 1919
- Large v. Wire Wheel Corp.Appellate Division of the Supreme Court of the State of New York · 1928
- Berg v. HoffmanNew York Court of Appeals · 1937
- Gorden v. WittyAppellate Division of the Supreme Court of the State of New York · 1921
1 more not listed; retrieve them via the Exa API.